Terms and conditions

Terms of payment

Payment is generally only possible online (See payment methods ).In exceptional cases (e.g. if an organisation does not have a company credit card), (advance) payment on account is also possible for a fee of CHF 10. However, the order must be placed at least 5 days before the desired delivery or performance date.

Terms of delivery, exchange and return

The delivery of the Detective-Trail treasure map takes place immediately after payment by delivery of a download link.

The physical products will be delivered within 3-5 working days. For the delivery of the physical products we charge the following packaging and shipping costs for Switzerland:

• Book, puzzle thrillers (up to 3 pieces), puzzle booklets (up to 5 pieces of the anthology or 10 pieces of puzzle booklets no. 1-4), products/fan articles with height <2cm: CHF 2.00
• Soft toy, card game, products/fan articles with height >2cm, combination package or several books/puzzle books (from 4 pieces), puzzle books (from 6 pieces of the anthology or from 11 pieces of the puzzle books no. 1-4): CHF 8.000

Delivery is at the risk of the recipient. For queries, please contact info@detektiv-trails.ch.

MyCityHighlight AG accepts no liability for damage to or defects in the goods which arise after or from the use of the goods. Defective, unused goods will of course be exchanged. MyCityHighlight AG is not liable for damage resulting from the use of the goods.

Prices

Prices are subject to change at any time. All prices are in Swiss francs (CHF) and include the respective statutory value added tax.

Terms and Conditions of Use
for the use of MyCityHighlight user accounts, MyCityHighlight apps and the MyCityHighlight websites. The German texts are legally valid.

1. Preamble

Using MyCityHighlight apps and websites provides users with customised app services, functions and contents solely and exclusively for the purpose of simplifying the collection of location and travel information and of sharing experiences and information with other users in an online forum that has been created specifically for this purpose.

Please read the terms and conditions of use carefully before you use the services, functions, contents or applications of MyCityHighlight. The terms “we”, “us”, “our” and “MyCityHighlight” refer to MyCityHighlight AG and its subsidiaries. The terms “user(s)” and “you” refer to the users of the app or the website and/or the contents provided through these applications.

You are welcome to use the MyCityHighlight apps and websites, provided that you accept the terms and conditions of use without any modifications or amendments of any and all of the provisions they contain, which include as well the MyCityHighlight privacy policy and the privacy policies and terms and conditions of use of Apple. By accessing or using our apps and websites, you acknowledge your obligation to comply with the terms and conditions of use.

If you do not accept the contents of the terms and conditions of use in full, you are not authorised to use MyCityHighlight apps and websites. Always be sure to visit this site at regular intervals and to review the most recently revised terms and conditions of use of MyCityHighlight.

Any modifications of or amendments to these terms and conditions of use will be made in accordance with point 10 of these terms and conditions of use.

2. Using the MyCityHighlight user account

The prerequisite for the use of the MyCityHighlight user account is your confirmation that:

• All of the information you make available is true, precise, current and complete (including, but not limited to, name (“user name”), email address, password and the Facebook or Twitter account you use for access);
• The registration information you have provided is correct and that you ensure that it is always current;
• You will protect your MyCityHighlight user account information and that you are solely responsible for any and every use of your account by other persons;
• You are legally entitled to register a MyCityHighlight user account and to use our apps and our websites;
• You are legally entitled to accept the terms and conditions of use and to use the MyCityHighlight user account and its functions for our apps and websites in accordance with the terms and conditions of use.

MyCityHighlight reserves the right to refuse access to the MyCityHighlight services to anyone and to refuse access at any time and for any reason, in particular, but not limited to, in response to breaches of the terms and conditions of use.

The reproduction, transmission, publication, disclosure etc. of contents from the MyCityHighlight platforms or any part thereof without the prior written consent of MyCityHighlight are strictly prohibited. If you wish to obtain consent, contact us at: MyCityHighlight AG, Talgut-Zentrum 7, 3063 Ittigen, Switzerland, info@mycityhighlight.ch.

3. Contents of MyCityHighlight and prohibited activities

Any and all contents and information contained in the MyCityHighlight apps, on the websites and in the services and functions of MyCityHighlight (in particular, but not limited to, data, information, texts, music, audio, photos, graphics, videos, maps, symbols, software, codes or other materials) as well as the infrastructure required to make the contents and information available are the sole property of MyCityHighlight and are protected by copyright.

In addition, the MyCityHighlight apps and the websites contain contents that have been made available by third parties (e.g. Google Maps, Mapbox, booking.com,…). These contents are also protected by copyright, trademarks and patents as well as by operating secrets and other rights and by any and all applicable general laws.

Furthermore, you covenant not to modify, copy, distribute, transfer, disseminate, publish or license any of the information, software, products or other services obtained by accessing the MyCityHighlight apps and the websites or to create works based on these materials and to transfer, sell or resell any such works.

Furthermore, you agree not to do the following:

• To use the contents and information contained in the MyCityHighlight apps and on the websites for commercial purposes;
• To access the contents or information contained in the MyCityHighlight apps or on the website, whether manually or with the aid of a robot, spider, scraper or other process, without the prior written consent of MyCityHighlight;
• To evade the restrictions in a robot exclusion header on the website or to undertake any other actions to prevent or to restrict, completely or partially, access to the MyCityHighlight apps and websites;
• To carry out any operating actions that represent an unreasonable or excessively high burden on the infrastructure;
• To link to the MyCityHighlight apps and websites without our express prior consent;
• To frame or mirror the MyCityHighlight apps and websites, or parts thereof, without our express prior consent;
• To make any attempt to modify, translate, adapt, edit, decompile or modify in any other way the MyCityHighlight apps and websites.

4. User contents

Each and every user is him- or herself responsible for any contents he or she has created. MyCityHighlight cannot guarantee the authenticity of contents and data created by users. The term “contents” includes in particular, but is not limited to, location information, messages, comments/insider tips, videos, audio excerpts, music, data, texts, photos, software, scripts, graphics and interactive features that are generated and made available or otherwise made accessible by MyCityHighlight or through the apps or the websites. Contents that are added, created, uploaded, submitted or posted by users are known collectively as “user posts” (see the section below).

MyCityHighlight apps and the websites contain an interactive forum where you and third parties can post reviews of sights and travel experiences, messages, materials and other entries and synchronise favourites. You are solely and exclusively responsible for the use of the platform. MyCityHighlight does not review and check in their full scope the entries posted or [made available] by users by means of the MyCityHighlight apps and websites. MyCityHighlight is not responsible or liable for these contents under any circumstances. MyCityHighlight is neither responsible for any loss of or damage to the contents nor is MyCityHighlight liable for any errors, insults, verbal abuse, libel, omissions, falsehoods, obscenities or pornographic or obscene contents. Nevertheless, MyCityHighlight reserves the right, at its own discretion, to remove, separate or modify any and all user contents posted by users or stored on the platform without notifying the users of these actions.

By using the MyCityHighlight platform, you expressly agree that you will not post, upload, transfer, disseminate, store, create or otherwise publish via the MyCityHighlight apps and websites any of the contents and information listed below:

• Any and all messages, data, information, texts, music, noises, photos, graphics, codes or other material that is incorrect, illegal, misleading, insulting, defamatory, obscene, pornographic, indecent, licentious, ambiguous, molesting or encouraging the molesting of third parties, threatening, intervening in personal or public rights, improper, inflammatory, fraudulent or objectionable in any other way;
• Contents that are obviously offensive to the online community, as is especially the case for contents that incite racism, bigotry, hate or physical harm of any kind toward any group of people or individuals;
• Contents that justify, encourage, extol or provide instructions for the performance of illegal activities, criminal actions, civil-law liability, violations of the rights of a group of any country in the world or that result in civil-law liability or the violation of a local, government, national or internal right;
• Contents providing helpful information about illegal activities such as the manufacture or purchase of illegal weapons, violation of privacy or the procurement and creation of computer viruses;
• Contents that are suitable for the infringement on patents, trademarks, business secrets, copyrights or other intellectual property rights of any party. This includes in particular contents that aid and abet the illegal or unauthorised copying of third-party works protected by copyright, including, for instance, the provision of computer programs that have been downloaded illegally or links to such programs, information describing the evasion of copy protection features installed by manufacturers and providing music that has been downloaded illegally or links to illegally downloaded music files;
• Contents that imitate other natural persons or legal entities or misrepresent their association with a person or group (which also includes MyCityHighlight); unsolicited advertising, mass emails or so-called “spamming”, transmission of “junk emails”, chain letters, political election materials, advertising, event advertising, advertising for games of chance or acquisition of customers;
• Contents containing commercial activities and/or sales without our written consent, which include (for example) competitions, betting, barter transactions, advertising or pyramid games/models;
• Confidential information of third parties, in particular, but not limited to, surnames, addresses, telephone numbers, email addresses, social security numbers and credit card numbers;
• Sites with restricted access or protected by passwords and hidden sites and illustrations that are not linked from or to another accessible site;
• Viruses, damaged data and other harmful, disruptive or dangerous files;
• Contents that place, or are capable of placing, an unreasonable and excessive burden on the MyCityHighlight infrastructure;
• Contents that are posted in relation to a topic posted on a MyCityHighlight platform, but that do not have any contextual relationship to the topic;
• Contents or links to contents that, at the discretion of MyCityHighlight, a) are in violation of the above provisions, b) are contradictory, c) restrict or inhibit other persons from using or enjoying a MyCityHighlight platform, d) are capable of exposing MyCityHighlight and its subsidiaries or users to possible loss or harm and/or liability of any kind.If you believe that the contents you have posted are protected by copyrights (including acknowledgement and personal rights), you hereby declare that you:

(a) Do not demand that reference is made to your authorship relating to the contents, works based on the contents or to an updated or improved version of the contents;
(b) Do not have any objections to the publication, use, modification, erasure and utilisation of the contents by MyCityHighlight or its licensees, successors and legal successors;
(c) Do not assert any originator claims and other claims for the contents you have posted.

In storing, sharing or uploading your data, including your name and your profile picture and contents, such as hotel and restaurant reviews, ratings, questions, comments, insider tips, suggestions and other information, you grant to us, free of charge, a licence for their use. This licence is non-exclusive, sub-licensable and transferable worldwide. This utilisation right includes works based on your contents or updated, improved versions of the contents. Moreover, the licence includes the right to use, disseminate, modify, copy, realise, demonstrate or announce publicly, assess, comment on and translate your contents. The licence expires as soon as you delete your account or specific contents. Please note that the contents may still be stored for a limited time in the form of backup copies. Note as well that contents you have shared with other users may have also been stored independently by these users with the consequence that the contents may still exist despite our erasing them.
Furthermore, we may use the data and contents you have stored, shared or uploaded for marketing purposes.

5. User posts and use of the MyCityHighlight platforms

We are entitled to use, at our own discretion, posts provided by users in the services, apps and websites we have made available in any and every imaginable way. In particular, we are entitled to publish, to format, to use the posts as marketing material, for advertising or for other purposes, to create works based on the posts, to extol and to disseminate these posts as well as to grant to other users the authorisation to use these posts in the same way on their own media platforms and applications. By posting contents via one of the MyCityHighlight platforms, including (for example) the hotel and restaurant reviews, ratings, questions, comments/insider tips, suggestions, ideas and other contents contained in the posts, you grant to MyCityHighlight and its partners, free of charge, a non-exclusive, unlimited, transferable, irrevocable and fully sub-licensable right:

• To use, to reproduce, to modify, to adapt, to translate, to disseminate the contents and to create works based on the contents and to do so in any and all media worldwide (including media platforms, websites and feeds of third parties); and
• To use the name you used for the post. You hereby agree that we may comment on and assess your posts at our own discretion.

Furthermore, you grant to MyCityHighlight the right to take action against any natural person or legal entity that infringes on the rights of MyCityHighlight to the posts through a breach of the terms and conditions of use. You hereby acknowledge that pasts are neither confidential nor subject to secrecy obligations.

6. Non-disclosure obligation

The protection of your privacy is important to us. We will use your personal information that you disclose on our platforms solely in compliance with our data protection guidelines (see Privacy Policy).

7. Exclusion of warranty

MyCityHighlight does not assume any obligations to you beyond the legally required scope. You hereby acknowledge that we are under no obligation to control what users access the MyCityHighlight apps and what contents are retrieved via the apps or websites or what users do with these contents or what actions the users undertake because of their knowledge of the contents.

You indemnify MyCityHighlight from any and every liability regarding any and all contents that you have obtained or not obtained via a MyCityHighlight platform. You acknowledge that you are aware you will find information on the MyCityHighlight platforms or you can link to such information from these platforms that some users may possibly consider to be offensive or inappropriate. MyCityHighlight does not assume any responsibility or liability regarding the correctness, conformity with copyright laws, conformity with legal statutes, appropriateness or any other aspects of the contents that are accessed using the services and functions of MyCityHighlight.

Furthermore, you indemnify MyCityHighlight from any and all liability relating to your connections and relationships to other users. We cannot be held liable under any circumstances for loss or damage of any kind, regardless of whether it is an issue of direct or indirect, general or specific loss or damage, compensation payments, consequential damage or loss or other loss or damage, including in particular physical injuries and mental anguish, resulting from communications with other users.

MyCityHighlight does not assume any warranties that a) the functions and services of the apps and the websites are available securely or at a specific time or at a specific location, b) defects or errors will be remedied, c) the contents and software available from or via the apps or websites are free of viruses or other harmful components, d) the MyCityHighlight apps and websites correspond to your personal ideas. Your use of the MyCityHighlight apps and websites is entirely and exclusively at your own risk. MyCityHighlight asserts its claims arising from the licence for your data and information and from the contract of use with you and third parties on its own behalf in court and out of court. In the event of the assertion of any claims, you covenant to support and cooperate with MyCityHighlight in the defence against these claims.

8. Indemnity

You hereby declare that you agree to indemnify and hold harmless MyCityHighlight, its subsidiaries and their officers, directors, employees, customers, suppliers, representative and vicarious agents from and against any and all claims, suits, demands, losses, damage, fines, monetary penalties or other costs and expenditures of any kind (in particular, but not limited to, legal and accounting expenses) that arise from or in relation to the use or misuse of, or the access to, the MyCityHighlight products, or that are otherwise a consequence of your use, or that are based on a breach of the terms and conditions of use or on infringements by you or third parties using your account on the intellectual property and other rights of any and all natural persons or legal entities.
MyCityHighlight reserves the right to assume sole defence and control of the aforementioned claim, in which case you covenant to support and cooperate with MyCityHighlight in the defence against such claims.

9. Links to third-party websites

The MyCityHighlight platforms may also contain links or references to third-party websites. You visit any such websites at your own risk. These links to third-party websites do not constitute MyCityHighlight’s agreement with their content. Any and every liability for contents, availability, correctness, accuracy and currentness of external third-party websites accessed using links is precluded, and MyCityHighlight dissociates itself from their contents, whatever their nature. The user acknowledges that the contents of linked websites are not subject to the influence and control of MyCityHighlight. The provider or the operator of the specific website is solely responsible for the contents of the linked websites at all times. MyCityHighlight is not liable for the availability of linked websites and does not accept any liability for loss or damage or injuries resulting from any use whatsoever of third-party websites. The user assumes any and every risk relating to the establishment of a connection to the linked websites.

10. Modification right

MyCityHighlight is entitled to modify, in whole or in part, the terms and conditions of use if and when MyCityHighlight considers a modification to be necessary owing to legal, general or technical considerations or because of changes in the range of services or in the nature or design of the MyCityHighlight apps, the website or their functions. You hereby expressly declare your acceptance of any such modified terms and conditions.

Furthermore, MyCityHighlight is entitled to modify, suspend or discontinue completely any and every part of the MyCityHighlight apps and websites, including the availability of any and all features, databases and contents.

MyCityHighlight is entitled to modify these terms and conditions of use if and when they are incomplete or no longer accurate or if and when technical or legal changes make this necessary; any such changes will be made solely in the scope that is reasonable in consideration of your interests. We will give you reasonable advance notice of any modifications in the terms and conditions of use. Your continued use of our services constitutes your acceptance of the modified terms and conditions of use.

We are also entitled to restrict access to the MyCityHighlight platforms without giving our reasons to prevent unauthorised access or to prevent the loss and/or destruction of data, or if and when we conclude that the user is in violation of provisions of the terms and conditions of use or of laws or regulations.

Your continued access to and/or use of the apps, websites and the MyCityHighlight user account constitutes your agreement with the updated or modified terms and conditions of use.

11. Applicable Law

It is hereby agreed that any dispute relating to a breach of these Terms of Use shall be governed by Swiss law, in accordance with international law, without regard to principles of law that would require the application of the law of another jurisdiction.

12. Right of withdrawal and jurisdiction

You have the right to cancel this contract within seven days from the date of the order without giving any reason. This does not apply to products or documents (e.g. detective trails) which have been sent online.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (letter sent by post or e-mail). The date of dispatch of your notification of the exercise of the right of withdrawal is decisive for the observance of the withdrawal period.

If you withdraw from this contract, we must refund all payments we have received from you (including delivery costs) immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. A prerequisite for the repayment is the return of the ordered items.

For digital products:
I expressly agree that the execution of the contract will begin before the end of the withdrawal period. I am aware that my right of withdrawal expires with the start of the execution.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (letter sent by post or e-mail). The date of dispatch of your notification of the exercise of the right of revocation is decisive for the observance of the revocation period.

If you revoke this contract, we must refund all payments we have received from you (including delivery costs) immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. A prerequisite for the repayment is the return of the ordered items.

Place of jurisdiction: Bern.