CC-Radar is a service of the Swiss Customer Metrics AG (hereinafter the "Provider"). In particular, the offer enables the customer centricity of companies to be assessed by means of Customer Impact Score (CIS) and Customer Centricity Score (CCS) from the perspective of customers and employees. These General Terms and Conditions (GTC) govern the rights and obligations of the provider and the users of CC-Radar.
- The provider makes CC-Radar available on demand. The available range of functions and services results directly from the current offer in each case. The provider may stipulate that a valid e-mail address is required for individual functions and services.
- The provider is entitled to partially or completely adjust the scope of functions and services at any time and without giving reasons. Users have no right to use CC-Radar or individual functions and services, unless and insofar as such a right has been expressly agreed. The Provider may deny access to CC-Radar or to individual functions and services at any time and without giving reasons.
- The Provider is entitled to inform and contact users of CC-Radar whose contact addresses are known to the Provider with notifications and communications in connection with CC-Radar. Users may object to receiving such notifications and communications at any time. This does not include notifications and communications that are necessary for the use of CC-Radar.
- The Provider may operate CC-Radar in whole or in part through third parties or jointly with third parties. Such third parties may be located outside of Switzerland.
Ratings and data
- Users agree that their ratings may be evaluated and used - also commercially - by the provider. The Provider uses this data in particular to calculate Customer Impact Scores (CIS) and Customer Centricity Scores (CCS) and to provide individual companies with corresponding analyses and evaluations.
- Customers who rate companies confirm that their ratings are based on actual customer contacts with the respective companies and acknowledge that their ratings can be viewed by the individual companies in anonymized form. The Provider may require customers to provide evidence that a rating is based on actual customer contact.
- Employees who rate a company confirm that they are actually employed by the company in question and acknowledge that their rating can be viewed by the company in question in anonymized form. The provider may require employees to prove that they are actually employed by the company in question.
- Companies using CC-Radar to be rated agree that the Provider may use aggregated ratings about the Company for comparative purposes such as benchmarking. Companies using CC-Radar agree to fully comply with employee privacy and other data protection requirements.
- Ratings must be factual and truthful. Evaluations may not be misused, manipulated or used for unfair purposes. The provider is entitled to delete evaluations in whole or in part without giving reasons.
- The provider informs about the required information for the use of CC-Radar as a registered user. Registration for a user account with false, fictitious or misleading information is prohibited. The provider is entitled to delete or block user accounts at any time and without giving reasons.
- The provider may refuse registration at any time - also subsequently - and without giving reasons. The provider may check information provided by users - also retrospectively - or have it checked by third parties.
- Registered users of CC-Radar are obliged to treat their access data confidentially and to use it exclusively for their own purposes.
- Users can delete their user account or have it deleted at any time. Ratings and other data of individual users will be anonymized upon deletion.
Warranty and liability
- The provider operates CC-Radar professionally and carefully. CC-Radar may nevertheless be temporarily unavailable in whole or in part, in particular for technical reasons or due to maintenance work. The provider does not assume any warranty for functions and services in connection with CC-Radar. The use is at the own risk of the individual user.
- The provider is liable exclusively for direct damages caused by its own gross negligence or intentional acts. Any further liability of the provider for direct damages, in particular in case of slight and medium negligence, is expressly and fully excluded. Any liability of the provider for indirect damages and consequential damages, for incorrect, incomplete or outdated evaluations and other data and information, for claims of other users or possible third parties as well as for lack of success or loss of profit is expressly and fully excluded. Any liability for auxiliary persons is excluded.
- Furthermore, the provider is not liable if the obligations arising from these GTC are only partially or not completely fulfilled due to force majeure. Force majeure shall be deemed to include, in particular, assassinations and explosions, riots, wars and civil unrest, fires and lightning strikes, floods and other natural disasters, epidemics and pandemics, IT security incidents, nuclear accidents, the restriction or interruption of the power supply and of telecommunications services, strikes, magnetic storms, unforeseen weather conditions as well as prohibitions ordered by public authorities. Force majeure shall expressly include the COVID-19 pandemic.
- Users are expressly and fully liable to the provider and any third parties for all direct and indirect costs and for damages incurred in connection with the use of CC-Radar. This liability applies regardless of fault and also includes indemnification for claims of other users and any third parties. The users concerned indemnify the provider against all claims of other users and third parties and undertake to bear all costs - including the full legal costs - as well as direct and indirect damages according to the statement of account of the provider.
- The limitation of liability according to these GTC applies regardless of the respective legal ground. Any further mandatory liability shall remain reserved.
- The Provider is entitled to have individual or all rights and obligations arising from these GTC and other contractual agreements exercised by third parties or to transfer them to third parties.
- The provider is entitled to assign claims against users to third parties. The offsetting of claims of users against the provider is excluded.
- Should any provision of these GTC prove to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected thereby. In this case, the parties undertake to replace the unfulfillable, invalid or ineffective provision with a fulfillable, valid or effective provision that comes closest in terms of content and economic effect to the original intention of the parties. Excluded from this are consumer contracts, i.e. contracts with the provider for services of normal consumption, which are intended for the personal or family needs of the consumer.
- These GTC are exclusively subject to Swiss law with exclusive place of performance and jurisdiction at the registered office of the Provider. Excluded from this are disputes arising from consumer contracts, where consumers can always sue at their own place of residence. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The German version of this document shall be applied