1. General

1.1 “HELP 365 Website” means the Internet websites hosted on computers of the Internet domain www.help365.li.
1.2 Under www.help365.li a partly free, partly paid, internet service is operated as a display portal for goods, services, applicant profiles and more (hereinafter referred to as “advertisements”) which are provided and viewed by private persons as well as legal persons. The Internet service is the property of HELP365 Holding AG, and is operated by it.
1.3 The legal partner for the Internet service is HELP365 Holding AG, located in FL 9490 Vaduz, Landstr. 25.
1.4 “HELP 365” means the company HELP365 Holding AG, its authorized representatives or successors.
1.5 The General Conditions of Use and Terms of Business (hereinafter referred to as “GTC”) of HELP365 apply to the website www.help365.li as well as all subdomains and websites belonging to this domain. These General Terms and Conditions apply to all contracts, orders and legal transactions between HELP365 on the one hand, and the users and advertisers of the Internet service or applicants and entrepreneurs using the applicant database (hereinafter referred to as “USER”) on the other hand. When provided in the following USER, the terms apply to both users of the Internet service and advertisers. All rights and obligations on the part of the above contracting parties shall be governed exclusively by the content of the order accepted by HELP365 and by the present GTC.
1.6 The terms and conditions apply only if HELP365 has expressly agreed to this in writing.
1.7 The General Terms and Conditions shall also apply to future transactions between contracting parties, even if a future contract conclusion does not refer to this again, in which this provision is not applicable to consumer transactions.
1.8 HELP365 reserves the right to change these General Terms and Conditions at any time without giving reasons. When using the internet service of HELP365, the consent to the amended terms and conditions is deemed granted.
1.9 These terms and conditions are published for information purposes and to facilitate access in several languages. Only the German language version represents the legal basis between you as USER and the HELP 365. The German version of these terms applies to any differences between non-German versions and the German version.

2. Terms of use

2.1 The use of the internet service of HELP365 is only permitted for use by natural persons with unrestricted legal capacity, at least with 18 years of age. This excludes the areas of the emergency numbers.
2.2 The use by legal persons is governed by statutory provisions.
2.3 HELP365 reserves the right to prohibit and exclude persons the use of the Internet service without giving reasons.
2.4 The contents displayed on HELP365 may not be copied, edited, distributed, published or publicly made available in any way without the prior consent of the rights holders. This also applies to copying by “Robot / Crawler” search engine technologies or by other automatic mechanisms (see property right systems).
2.5 HELP365 is an advertising platform on which natural and legal persons may publish advertisements, services and a like, providing that their contents do not violate legal requirements, our GTC or our advertising guidelines.
2.6 The retrievable information, offers, advertisements are generally provided by third parties and in no case represent binding offers of HELP365. The provided service is understood as an advertising platform, means that USER place their advertisements or contact you if you are interested and conclude contracts. Any contract shall be concluded exclusively between the respective advertiser and the prospective customer. In this sense, HELP365 is neither a representative nor an agent, nor a broker or agent of a USER.
2.7 All offers on HELP365 are non-binding. Input errors, errors due to automated data processing and mistakes are expressly reserved.
2.8 All contracts or legal contacts with third parties that you conclude or manufacture through our platform are only between you and the third party. HELP365 therefore accepts no liability for products, services, activities, etc. or for damages resulting from these contractual relationships, or in connection with the resulting or non-resulting of a contract.
2.9 All claims of whatever nature resulting from a contract conclusion or non-existence of a contract between the USERS of the Internet service are therefore to be applied and legally enforced by the USER not to HELP365, but always directly to the respective third contractual party.
2.10 HELP365 is neither liable for a definite success nor for the enforceability of a contract concluded via the advertising platform. HELP365 is not responsible for the accuracy of identity information provided by USERS and / or advertisers or the availability of advertisers concerning the given information. Every USER has to convince himself of the identity of his contract partner.
2.11 HELP365 is also not liable for the traded products offered on the advertising platform, either from warranty, damages, from product liability or from guarantee.
2.12 The USER is responsible for its own links. HELP365 expressly distances itself from the content of linked websites. All references to external sites and content on HELP365 will not be reviewed. HELP365 assumes no liability for damages arising from the use of linked content. HELP365 is not responsible for the privacy practices or the content of these websites. Liability for illegal, incorrect or incomplete content and, in particular, for damages resulting from the use of linked information is solely the responsibility of the provider of the website to which reference has been made.
2.13 HELP365 assumes no liability whatsoever for contents, correctness, up-to-datedness or reliability of the content or for any write or transmission errors. The advertiser is responsible for the correctness of the information in his advertisement.
2.14 HELP365 is by no means liable for any damages incurred on the USER based on information obtained from the use of HELP365.
2.15 HELP365 makes every effort to make the services as serious and user-friendly as possible, and so requests the USER to notify HELP365 of any occurrences that indicate that another USER is abusive, unlawful or detriment to a third party (this information please to be send to support(at) help365.li). HELP365 will investigate such notices and, if possible, block or delete advertisements and / or inform the criminal or other competent authority (s). Anonymous notices are not covered.
2.16 In the event that a USER reports rule violations to HELP365, HELP365 is not obliged to investigate the facts in detail. The final decision whether a placed ad is put offline or a USER is blocked, etc. is within the discretion of HELP365
2.17 The USER is strictly prohibited from misusing all information and data made available by HELP365. Unauthorized use will include in particular the use of the available information and data for commercial purposes, or the use of such data and information on other websites or publications, as well as for sending unsolicited information, e.g. with e-mails or SMS, for purposes of direct advertising or as a mass broadcast.
2.18 HELP365 is entitled, but not obligated, either for legal reasons or for reasons arising out of the General Terms and Conditions or for safety and competition reasons, etc., even without prior consultation with the USER not to deliver messages. This concerns communications with the obvious goal of deceiving the advertiser fraudulently, but also messages which constitute a violation of legal or official prohibitions, abusive, violation of good morals. For this purpose, e-mails can be viewed by HELP365. The USER expressly agrees to this action.
2.19 The USER of the internet service of HELP365 undertakes not to develop any kind of activity, which leads to the impairment of third parties or causes damage to HELP365. Unsolicited advertising and spamming, verbal abuse, political content, violations of good morals or any use of the platform for the transmission of acts liable to prosecute or the deliberate damage of other Internet users are thus prohibited.
2.20 It cannot be guaranteed that the internet service is compatible with the technical equipment of the user.
2.21 Actions that violate or intend to compromise network or system security, e.g. injecting a virus or Trojans are forbidden and are prosecuted under civil and criminal law.

3. Contracts, advertisements, services

3.1 The Internet service provided by HELP365 is an ad platform. The USER can place advertisements on this ad platform or USER can contact advertisers and conclude contracts. In no case will there be any binding offers from HELP365. HELP365 is neither an intermediary nor a broker. Contracts are concluded exclusively between the USERS. The terms for advertisements apply to all offer forms on HELP365. HELP365 is therefore also not liable for the cancellation or non-existence of a contract between USERS as well as for a certain success of an advertisement. HELP365 is not responsible for the correctness of USER’s identity data or the availability of a USER via the contact details given. Unless statutory provisions of the Consumer Protection Act apply, the provisions for entrepreneurs shall apply.
3.2 Advertisers who contract with consumers as entrepreneurs (commercial USER) must, in particular, comply with the applicable provisions of the Consumer Protection Act, in particular the provisions for distance contracts, before submitting the consumer’s contract.
3.3 The USER is obliged to keep its access data (eg user name, password, etc.) secret and to protect it from unauthorized access by third parties.
3.4 If the USER is not logged on for a period of 12 months, HELP365 reserves the right to deactivate the account without USERS ‘claims.
3.5 The data provided by the USER must be accurate, complete, true and in accordance with legal requirements.
3.6 The obligation to provide information according to the valid regulations for trade regulations applies to commercial USER.
3.7 HELP365 is entitled at any time to request from the USER appropriate proofs (trade license, power of attorney, company book withdrawal, etc.).
3.8 HELP365 reserves the right, in particular for the following reasons, and without any claim for indemnity by the USERS, to refuse, terminate the USER without having to state reasons, to block the USER or to delete the advertisements without replacement:
• in case of violation of these terms and conditions
• for external advertising or linking to other websites
• if there is a reasonable suspicion of misuse of the internet service or the services provided by HELP365
• in case of violation of legal provisions, essential contractual provisions, good morals, reputation or legitimate interests of HELP365 or a partner company
• upon the termination of the contractual relationship between USER and HELP365 or the USER and a partner company for violation of essential contractual provisions by the USER
• in case of incomplete or incorrect information when ordering or not providing proof or documents required
• in the case of lack of official approvals, lack of legal or business capacity
• in case of a delay in payment to HELP365 or a partner company
• If the HELP365 fee structure is deliberately overridden
3.9 All rights and obligations of the internet service of HELP365 also apply to USERS employees or other third parties (vicarious agents) who have been authorized to use this service. USER is liable for third parties as well as for own fault.
3.10 By the self-registration at HELP365, a contractual relationship arises for undetermined time between HELP365 and the USER, according to the current GTC.
3.11 The registration for private USER´S is free of charge and allows the free use of additional functions and is a requisite for the placement of advertisements on the HELP365 Internet portal. There is no entitlement to registration.
3.12 The registration as commercial USER is subject to charge (see “Pricing” on the homepage and in the back office). The application is self-contained.
3.13 The contractual relationship for commercial USER begins with the declaration of acceptance by HELP365 and is indefinite. The contractual relationship may be interrupted or terminated by the USER at any time without giving any reasons.
3.13 The commercial USER shall be liable for any public fees, duties and taxes that may be associated with the contract. If, due to changes in the legal situation, new charges, duties or taxes are imposed which were not yet up to date at the time of the conclusion of the contract, they must also be hold by the USER.
3.14 The placement of an advertisement may only be carried out by the commercial USER as a contract partner and also only for the purpose of self-promotion.
3.15 The commercial USER acquires with the registration the possibility
• for the circulation of advertisements, special offers at the fixed prices and periods (see back office for entrepreneurs).
• own company presentation and linking to own websites and WebShops according to the selected package
3.16 The placement of an advertisement is only made in the offered format, fields, text length, etc.
3.17 HELP365 can at any time expand or alter its services and is entitled to switch advertising to www.help365.li. HELP365 is entitled, but not obligated, to optimize the documentation provided by the USER (for example, photos, videos, etc.) for publication or to change it for security reasons.
3.18 At the request of the USERS, advertisements can also be carried out by HELP365 staff. For this, however, an extra charge shall be paid by the USER in accordance with a separate agreement.
3.19 A competition exclusion is not possible.
3.20 The advertisements are automatically deactivated and deleted after the agreed runtime, but can be extended or updated on request (in the back office).
3.21 All information on terms, costs and explanations can be found in the back office (commercial USER and private USER).
3.22 HELP365 is entitled to examine the advertisement campaign for legal compliance and to stimulate to make any necessary changes, but is not obligated. HELP365 can make legally necessary interventions even without prior consultation with the USER
3.23 The commercial USER is obliged to declare itself as such according to the trade regulations.
3.24 In the case of real estate sales and / or mediation, it is necessary to act in accordance with the legal requirements and is prohibited without the corresponding necessary mediation order (for commercial USER only).
3.25 If a USER has several locations or branches, a separate access must be ordered for each location. The price list for each location is based on the package price list.
3.26 The USER is responsible for reviewing and possibly changing the advertisement with regard to content, legal, temporal or other correctness, actuality, etc. as well as deactivation and deletion from the activation of the advertisement until the end of the agreed performance period. By entering the advertisement, the USER explicitly confirms the publication in this form; HELP365 accepts no liability.
3.27 Therefore, it is the USER´S obligation to immediately deactivate or delete outdated advertisements (eg sales of offered goods).
3.28 The USER is not allowed to carry out multiple listings of advertisements. Ads must be placed in the correct category or region. HELP365 reserves the right to post advertisements under the correct category, without prior notice to the USER, or delete the advertisement or multiple advertisement posted in the wrong category.
3.29 Used items must be in the USER’s physical possession.
3.30 If a software service is provided for the USER by HELP365, the USER acknowledges that all rights (copyright / performance protection and other intellectual property rights) are due to the software service HELP365 or its licensors.

4. Performance and copyrights

4.1 The USER expressly acknowledges that HELP365 or other third parties are solely entitled to the copyright and / or performance rights HELP365 on the entire picture as well as on parts of the advertisements created by HELP365 as well as advertisements posted by third parties and the other content published on www.help365.li. With the payment of the fee, no rights are transferred to the USER.
4.2 The USER is not allowed to influence the design of HELP365 websites or advertisements (eg structural, optical, etc.).
4.3 By setting or feeding the advertisement, the USER grants in his own name or the name of the owner of the right, the exclusive and transferable right of use, to HELP365, to spread, modify, edit, publish or publicly publish these contents unlimited within the bounds of HELP365. The granting of rights also includes the right for HELP365 to use advertisements, etc. for self-promotion purposes. HELP365 has the right but not the duty to repel unlawful interferences in use rights transferred to HELP365 in its own name and / or to impose any claims resulting from this at court.
The USER will support HELP365 in any case in the event of the defence by HELP365 in the best possible way.
The USER shall immediately and in writing notify HELP365 of any claims of third parties which are brought to him.

5. Liability and warranty

5.1 HELP365 is not responsible for the fact that advertisements go online and / or deactivate / delete at a certain point in time.
5.2 HELP365 is not liable for any specific success of an advertisement or the enforceability of a contract concluded through the website. HELP365 is also not liable for the goods, services, etc. offered on the website, neither from warranty or guarantee, nor from damages, product liability, etc. Offered goods, services, etc. do not constitute binding offers of HELP365. HELP365 is neither an intermediary nor a broker. HELP365 has no obligation whatsoever to obtain further information about the goods, services, etc. offered / advertised by USER´S.
5.3 In so far as retrievable content or advertisements by USER or set on their behalf and made accessible, HELP365 assumes no liability whatsoever for content, correctness, topicality or reliability, misuse, write and transmission errors, etc., of USER´S identity data or the accessibility of persons based on information provided.
5.4 The USER declares that he is using the Internet service only within the framework of the contractual or legal provision and without violating the rights of third parties. In particular, the USER declares not to use, manipulate, distort, delete or make unrecognizable the copyright, trademark, trademark rights and other rights of third parties without their consent.
5.5 The USER shall at all events keep claims of third parties sphere of its own responsibility, towards HELP365 established, entirely harmless and without complaint. The, USER therefore undertakes to indemnify HELP365 in full (legal and judicial costs) if HELP365 is liable to civil, criminal, judicial or extrajudicial, in particular by private prosecutions for insults, defamation, or credit losses, the law on unfair competition or civil-law honorary defence and / or credit crimes, is used under the criminal law or through procedures under the media laws, the copyright laws and other intellectual property rights, due to USER’s content.
5.6 The warranty of HELP365 towards USER´s covers only the reproduction of the advertisement which is subject to the current technical standard as well as the corresponding availability of data. Free of charge advertisements and / or services do not entitle to the assertion of claims. For faults, which do not significantly impair the meaning of the advertisement, no liability will be accepted or replaced
5.7 HELP365 shall not be liable for damages that result from USER’s misuse of data transmitted to third parties.
5.8 Complaints / objections of all kinds of the advertisement are not permitted, as a self-entry / modification was done.
5.9 The USER is especially responsible for the correct entry of the advertisements, photo and other material which have to be adjusted in the menu-defined format and in perfect conditions.
5.10 USER is responsible for the safe storage and storage of data using an independent / external storage medium. HELP365 is entitled to delete all data including photos, 3 months after expiration / deletion (deactivation, etc.) of the advertisement.
5.11 HELP365 is not responsible for the compatibility of the Internet service with the hard-, software, permanent availability, for viruses, abuse or damage caused by improper use of the USERS due to unsuitable hardware and software used, as well as for malfunctions due to the Internet connection or others arising from the use of the data or the internet service. The USER is also responsible for the links he uses.
5.12 HELP365 is also not liable for a failure of the servers of HELP365, which does not last longer than 72 hours. HELP365 indicates that HELP365 can temporarily suspend its services (for example, maintenance, safety, capacity, improvement) by limiting the performance for necessary reasons. These measures do not constitute a failure and cannot be added to a breakdown time, even if they are carried out during the same period while a failure occurs.
5.13 HELP365 expressly points out that the unauthorized production of copies, unauthorized linking (framing) or publication of advertisements as a separate offer by a third party cannot be completely excluded. HELP365 will endeavour, as far as technically and legally possible and reasonable, to prevent these procedures. The USER already gives HELP365 the necessary consent. The USER, however, has no claims against HELP365 from an unauthorized third-party action.
5.14 Insofar as HELP365 is liable for damage in accordance with the statutory provisions, the liability of HELP365 is limited to intent and gross negligence. A further liability of HELP365, in particular for slight negligence, atypical damages, loss of profit, defect damages, indirect and consequential damages, damages of third parties, etc. is excluded. The liability of HELP365 is, in any event, limited to the amount / price of the USER’s specific order. The burden of proof for the fault of HELP365 is borne by the USER. Claims for damages shall become statute-barred within six months. This shall apply subject to different mandatory statutory provisions.
5.15 A liability of HELP365 for damage caused by force majeure (eg strike, war crimes, earthquakes) is excluded.

6. Payment

6.1 Unless otherwise agreed, the fees resulting from the currently valid price list apply, which can be viewed in the back office in the respective advertisement task.
6.2 Payments are generally made before activation of the service and has to be made according to the possible payment methods indicated by HELP365.
6.3 The accounting is done in the back office and can be called up there.
6.4 HELP365 reserves the right to increase or decrease the amount to 1 full cent.
6.5 Invoices are to be rejected within 14 days from receipt, otherwise they are deemed to be recognized by the USER.
6.6 In the case of payment by credit card or bank account, the USER shall ensure that the credit card or the account has not been blocked or expired; any delays resulting from the payment shall be borne by the USER. In this case, the USER may get charged interest on arrears.
6.7 HELP365 reserves the right to offer the payment of individual credits or advertisements by prepaid credit (prepaid). In this case, USER must acquire sufficient credit. USER can always see their account status in the back office. Complaints have to be made within 14 days from the last change, otherwise the account is deemed to be accepted.
6.8 HELP365 is not liable for any misuse, theft, loss, etc. of the access data, the credit or other data and / or information associated with the credit account.
6.9 The prices for commercial USER are exclusive of the statutory value-added tax as well as all other applicable valid fees, taxes, duties.
6.10 If taxes or other duties are subsequently introduced or prescribed, these shall be at the expense of the USER.
6.11 Invoices have to be paid immediately and without deduction after receipt.
6.12 The retention of payments and the set-off of USERS claims against claims of HELP365 are excluded.

7. Withdrawal and termination

7.1 Contracts based on these terms can be terminated by the USER at any time by deleting the account.
7.2 HELP365 is entitled to dissolve the contract at any time for important reasons.
7.3 The transmission of the termination of the contract by HELP365 via e-mail is sufficient and is deemed to have been received.

8. Final provisions

8.1 Information, data, documents, business and business secrets, ideas, know-how, codes, etc., which are known to the USER within the framework of the business relationship to HELP365, are subject to strict confidentiality. Excepted are such information’s, which are already generally publicly known or otherwise publicly accessible, or which are expressly designated by HELP365 as non-confidential. It is therefore forbidden for the USER to use confidential information even outside the scope of the contract, nor to provide these unauthorized to third parties. Confidentiality shall also be deemed to have been agreed after termination of the contract.
8.2 Verbal collateral agreements do not exist.
8.3 These terms and conditions are published for information purposes and to facilitate access in several languages. Only the German version constitutes the legal basis between you and HELP365 Holding AG. The German version applies to any differences between non-German versions and the German version of these terms and conditions.
8.4 The invalidity of individual provisions shall not affect the validity of the remaining provisions of the General Terms and Conditions and if an ineffective clause is replaced by an effective clause, the former will be economically and legally the closest to their meaning and purpose. This also applies to the case of a gap in the General Terms and Conditions.
8.5 These terms and conditions are subject to Liechtenstein jurisdiction and the parties submit to the jurisdiction of the Liechtenstein courts.