Terms of use

Version: January 2020

 

  1. What is My Classic Car Life

My Classic Car Life is a Swiss company, MCCLife Sàrl (“MCCLife”), with company ID no.: IDE: CHE-299.996.770. It aims at preserving the history of classic cars and provides a range of services regarding the history of classic car, news, events and a professionally secured data storage service in Switzerland for all the data of the classic cars.

To become a member, customers can register themselves on http://mcclife.ch/user-registration/.

The “My Classic Car Life” Application (the « App ») provides a convenient and user-friendly means for the members to showcase and access their data (the “Data”).

What characterizes My Classic Car Life is the security and confidentiality of the Data. The Data will not be hosted in any Cloud storage but in a single location, the professionally managed and secured data center in Switzerland. You are the sole owner of the Data.

 

  1. Scope and applicability

 These terms of use (“Terms of Use”) together with all legal notices associated with, such as the Privacy Policy, govern your access and use of the services available via the App and/or the Website.

The questions of security and confidentiality of your Data are governed by the Privacy Policy.

By accessing and using the App and/or the Website, you confirm that you understand and accept to be bound by the current version of the Terms of Use. These Terms of Use should be read alongside the Privacy Policy.

If you do not agree to these Terms of Use, you should not continue accessing the Website and you must uninstall the App and discontinue its use.

Where you use the App in connection with the services provided by Apple or any other third parties, such as Stripe, you will be subject to Apple’s or any other third party’s terms of use and privacy policies. You should ensure that you have read such terms.

 

  1. Permitted use of the App and/or the Website

 Within the scope of these Terms of Use, after the access authorization to the App and the creation of your account, MCCLife grants you a non-exclusive, non-transferable, revocable license to use the App against the payment of the membership and the hosting prices.

 

  1. Prohibited use of the App and/or the Website

You agree not to use the App and/or the Website for any purpose other than as authorized by these Terms of Use. You shall not use the App and/or the Website for any unlawful purposes or any illegal or unauthorized activities. In particular, you shall not use the App and/or the Website in a way that is obscene or offensive or infringes any rights, in particular intellectual property rights, of any third person.

While accessing and/or using the App and/or the Website, you shall not: (i) reproduce, develop and adapt even partially the App, modify it or include in any other software; (ii) access or search the App by any means other than through publicly available interfaces; (iii) do reverse engineering of the App; (iv) disrupt MCCLife services in any way.

You shall not reproduce, copy, sell the App and/or the Website content and its design. Without MCCLife prior written consent you shall not modify or redistribute the App and/or the Website content and its design or reproduce, store, link, frame or deep-link it on any other application and/or website.

You are not permitted to use the App and/or the Website for commercial exploitation.

Any violation of these Terms of Use, in particular of the above-mentioned limitations may lead to a temporary or a permanent suspension of your account and MCCLife will be entitled to terminate this license immediately.

 

  1. Membership and hosting

In order to access and use the App, you have to be registered as a member. The membership gives an access to private data storage, an access to events and services.

The data storage is granted against payment of a yearly data hosting fee. The data hosting fee depends on the number of cars the member wants to include.

All hosting payments shall be made through the purchase functions of the Apple store or by any other means of the payment accepted by MCCLife and within the deadlines indicated in the respective invoices.

 

  1. Intellectual Property Rights

All intellectual property rights (the “Intellectual Property Rights”) including but not limited to copyright, trademarks, database right, patent, design of the App and/or the Website, or other registrable or unregistrable intellectual property rights, titles and interests in and to the App and/or the Website (excluding the Data provided by the users of the App and/or the Website) are and will remain the exclusive property of MCCLife and its licensors.

Nothing in these Terms of Use gives you a right to use the MCCLife name or any of MCCLife’s trademarks, logos, Internet domain names and other distinctive brand features. You are permitted to download and to print any information from the App and/or the Website solely for your own personal use.

These Terms of Use do not constitute a transfer of any Intellectual Property Rights related to the App and/or to the Website.

 

  1. Warranty and Liability

Your access and use of the App and/or the Website are at your own risk.

MCCLife is responsible for the proper functioning of the App provided that it was installed according to the given instructions. MCCLife shall not be responsible for the functioning of the third-party systems.

MCCLife disclaims all warranties of satisfactory quality or fitness for a particular purpose.

Although MCCLife endeavours to ensure the safe storage and protection of the Data, MCCLife does not warrant that the App and/or the Website will operate on an uninterrupted basis or will be error free.

Furthermore, MCCLife does not warrant that the App and/or the Website does not infringe third parties Intellectual Property Rights.

MCCLife disclaims any warranty that the Data will not be destroyed, lost, intercepted, or altered by unauthorized persons.

MCCLife shall not be responsible for any harm to your computer system or other mobile device, loss of Data or other harm resulting from your access to or use of the App and/or the Website.

You are sole responsible for safeguarding the password that you use to access to your account and for any actions taken by using your password and your account. MCCLife shall not be responsible for any damage arising from your failure to comply with these requirements.

In case you change your email address or you forget your password, please contact MCCLife by email: info@mcclife.ch.

 

  1. Duration and termination

 The license to use the App is granted for one year. The license commences on the date MCCLife puts at your disposal the technical means that allow the installation of the App. The license is tacitly renewed for the duration of one year. If you wish to terminate the license, you must cancel the agreement by written notice or by email addressed to MCCLife at least 30 days before the annual expiration.

If you do not respect your obligations with regard to the use of the App, in particular the limitations provided in article 4 above or the payment due dates, MCCLife will be entitled to terminate this license immediately without prejudice to any other MCCLife rights or any further damage claims.

In case of termination of the license, any payment of the annual hosting price already made shall not be reimbursed.

 

  1. Updates and amendments of the Terms of Use

These Terms of Use may be updated and amended from time to time. The most current version will be available on the Website. The updated and amended Terms of Use shall become effective from the date of publication on the Website. If you continue to use the App and/or the Website, you are deemed to have accepted such updates and amendments. If you do not agree to such updates and amendments, you should not use the App and/or the Website.

 

  1. Applicable law and place of jurisdiction

These Terms of Use shall be governed by Swiss law. Within the limits permitted by applicable law any dispute arising from or in connection with these Terms of Use shall be governed by the locally competent court of law for the head office of MCCLife.