General Terms and Conditions of UNIQler GmbH
1. scope of application
These General Terms and Conditions ("GTC") of UNIQler GmbH, Kreuzbuchstrasse 62, 6045 Meggen (hereinafter "UNIQler"), apply to all business relationships of UNIQler with musicians and organizers as well as to all visitors of the websites www.uniqler.com/.ch/.de/.at/.it/.fr (hereinafter www.uniqler.com).
www.uniqler.com is a platform (online marketplace) on which musicians can offer performances, e.g. as a band, singer, pianist, DJ, guitarist, orchestra etc. (hereinafter "Musicians"). (hereinafter "Musicians"). Organizers can search and also book on www.uniqler.com using various search filters for the appropriate offer for a planned event. The booking request can be accepted or rejected by the corresponding musician. If the booking request is accepted, UNIQler collects the payment via the credit card deposited by the promoter and transfers the corresponding fee to the musician after deducting a service fee. www.uniqler.com connects musicians with promoters.
Every visitor of the website who concludes a contract with a musician via www.uniqler.com is called an organizer.
These terms and conditions apply exclusively. Contradictory, supplementary or deviating terms and conditions require UNIQler's express written confirmation in order to be valid.
The musician and the organizer confirm with the use of services of UNIQler respectively with the use of www.uniqler.com to accept these GTC comprehensively.
Even if the masculine form is used in the following, the feminine form is of course always included. UNIQler expressly distances itself from any kind of discrimination.
2. information on www.uniqler.com
www.uniqler.com contains information about services. All information (descriptions, illustrations, films, sound documents and other information) do not represent any assurance of characteristics or guarantees, unless it is explicitly stated otherwise. UNIQler makes every effort to ensure that all data and information on www.uniqler.com is correct, complete, up-to-date and clearly arranged, but UNIQler can neither explicitly nor implicitly guarantee this. The respective musician is solely responsible for the content of the advertised services and for the advertising offers.
UNIQler cannot guarantee that the information provided on www.uniqler.com is up-to-date. Therefore, all information is without guarantee and can change at any time and without notice.
3. legal status of UNIQler
UNIQler is a pure mediation portal. Via www.uniqler.com service contracts between musicians and organizers about services of the musician come about.
The contractual relationship between UNIQler and the musician or the agent is limited to the use of the portal and to the collection of the remuneration. UNIQler takes care of the collection for the musician (collection agency), but is in no case a contracting party of contracts, which are concluded between musicians and organizers.
Musicians and organizers who have not yet reached the age of 18 require the consent of their legal representative in order to use the services of UNIQler.
If agencies make use of UNIQler's services, this must be done in consultation with the musicians concerned. UNIQler is entitled to demand appropriate proof, otherwise UNIQler may refuse its services to the agency concerned.
UNIQler, its representatives, employees and auxiliary persons are in no way responsible for the offers posted by musicians and for advertising and are in no way liable for any damages arising from this.
UNIQler is not obligated to control the behavior of musicians and organizers in connection with the use of the website www.uniqler.com. In particular, UNIQler is entitled, but not obliged, to check the texts, pictures and sound documents published by the musicians on www.uniqler.com for their legality or other admissibility in any way.
4. subject matter of the contract - rights and duties of UNIQler
UNIQler provides its platform www.uniqler.com to musicians in particular for:
- its registration as a provider and for
- the placement of services offered by the musician and of advertisements.
In order to use the services of UNIQler the musician has to register on www.uniqler.com. UNIQler may reject the Musician at any time without giving reasons and is entitled to delete the registration or the entries of the Musician at any time without prior consultation and without giving reasons.
The contract between UNIQler and the musician comes into effect with the registration of the musician. These terms and conditions are an integral part of the contract between UNIQler and the musician.
The Musician agrees not to post any content with racist, discriminatory, personality-infringing, harmful, criminal, unfair and other illegal content on www.uniqler.com.
All such content and other illegal content will be deleted immediately and without prior notice. Any liability for damages on the part of UNIQler is excluded in this context.
UNIQler may refuse or modify the publication of advertisements, entries and the placement of advertisements on www.uniqler.com at any time and without giving reasons.
5. rights and duties of the musicians and legal position of the organizers
The musician undertakes to provide only truthful and correct information on www.uniqler.com. He is obliged to offer only such services, which can be provided. The musician is solely responsible for the content of his published advertisements and service offers, respectively for advertisements placed by him.
The musician commits himself to provide his offers posted on www.uniqler.com also at the stated conditions.
Contact details and links to websites, platforms and offers of third parties are not permitted. Musicians are also not allowed to advertise for third parties or similar portals on www.uniqler.com. Information that does not comply with this requirement will be deleted immediately by UNIQler without request. Any liability for damages on the part of UNIQler is excluded in this context.
With the entry of advertisements or placement of advertisements on www.uniqler.com the musician declares his consent to the publication on www.uniqler.com. The publication may also include contact addresses of the musician.
The musician commits himself to keep the content of his entry on www.uniqler.com up to date.
The musician commits himself to keep the access data to his account secret and not to make them accessible to third parties.
The Musician is not in an employment relationship with UNIQler. The Musician agrees to comply with all legal regulations and official requirements with regard to his service offers and advertisements posted on UNIQler and in particular to independently settle any social security contributions that may be owed.
6. fees of UNIQler
The registration of the musician on www.uniqler.com and the posting or uploading of offers is free of charge.
For bookings via www.uniqler.com a service fee of 15 %, calculated on the fee of the musician, will be charged after the performance of the musician. UNIQler will deduct this service fee directly from the musician's fee, to which the musician hereby expressly agrees. Apart from this service fee, the musician shall not incur any further costs.
7. cancellations
If the organizer cancels the booked performance, he has to pay UNIQler a reduced service fee of 10 % of the musician's fee. The organizer will thus be refunded 90% of the fee on his deposited credit card.
If the musician cancels the performance booked by the organizer, he has to pay UNIQler a reduced service fee of 10 % of his fee, which will be charged to him by UNIQler. The organizer will be refunded 100% of the payment made by him to his deposited credit card. Musicians cannot cancel booked gigs on www.uniqler.comstornieren but are required to contact UNIQler in advance.
We recommend musicians to suggest substitute musicians in case of possible cancellations in order to offer the organizer an alternative and to avoid cancellation fees.
8. terms of payment
All prices are in Swiss Francs (CHF). UNIQler is not liable for value added tax.
9. Duration and termination of the contract with the Musician
UNIQler is entitled to withdraw from the contract with the Musician without giving any reason and without prior information and to delete any content posted by the Musician on www.uniqler.com as well as his registration.
Should a circumstance beyond UNIQler's control occur, which makes it permanently impossible for UNIQler to continue operating the website www.uniqler.com (technical circumstances or force majeure), the contractual relationship between UNIQler and the Musician shall be deemed to be terminated with immediate effect and UNIQler cannot be held liable for this or for any consequences and damages.
10. Operation, further developments and improvements
UNIQler commits itself to operate the website www.uniqler.com, to keep it technically up to date and, if necessary and reasonable, to adapt it to new needs and/or to improve it. Excluded from this are circumstances according to section 8 paragraph 2 above.
However, UNIQler shall be entitled to restrict or cancel certain functions and services of the portal and, under certain circumstances, to offer new functions and services, without this giving rise to any claims on the part of the Musician.
11 Intellectual property rights
UNIQler shall be entitled to all rights to the images, services, videos, sound documents and any trademarks on www.uniqler.com or shall be entitled to their use by the owner (Musician).
The Musician grants UNIQler a non-exclusive, revocable, free of charge and worldwide right of use, limited to the platform www.uniqler.com, to all data, images, videos and sound documents made available to UNIQler by the Musician.
UNIQler is not allowed to copy texts, pictures, videos and sound documents posted by the musician on www.uniqler.com and to make them accessible to third parties in any other way than on www.uniqler.com.
UNIQler is allowed to use texts, pictures, videos and sound documents posted by the musician on www.uniqler.com without compensation and at its own discretion for advertising (online or print), in particular also on social media.
Neither these GTC nor any associated individual agreements have the transfer of intellectual property rights as their content, unless this is explicitly agreed.
The Musician confirms that he/she is the owner of all copyrights for the content, texts, pictorial material, videos or audio documents transmitted by him/her to UNIQler. If the Musician uses contents, texts, pictures, videos or sound documents in connection with the website www.uniqler.com, he/she has to ensure that no industrial property rights of third parties are violated. If a third party asserts such rights against UNIQler, the Musician undertakes to fully indemnify UNIQler.
The Musician undertakes to comply with all provisions of the collecting society SUISA.
The provisions of UNIQler's data protection declaration shall apply.
12 Liability
UNIQler excludes any liability, regardless of its legal basis, as well as claims for damages against UNIQler and any auxiliary persons and vicarious agents. In particular, UNIQler shall not be liable for short-term, temporary interruptions of the availability of the website www.uniqler.com, for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the musician and third parties. In particular, UNIQler is not liable for advertisements or advertisements that are not published or that are published incorrectly. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.
13 Changes
These general terms and conditions can be changed by UNIQler at any time. The new version will be published on the website www.uniqler.com and will come into force in relation to the Musician, if the Musician does not object in writing by registered mail within two weeks after the corresponding notification by
e-mail by registered mail.
14. further provisions
Both the Musician and the Organizer undertake to comply fully and at all times with UNIQler's Code of Conduct (see Appendix).
It is forbidden for the Musician as well as for the Organizer to bypass the platform after posting offers of the Musician on www.uniqler.com and to conclude outside contracts about these posted offers.
The rights and obligations arising from this contract are not transferable without UNIQler's prior consent.
In the case of force majeure and unforeseen events for which UNIQler is not responsible and which make it necessary to restrict UNIQler's services, UNIQler shall be released from its obligations for the duration of the restriction and UNIQler shall not be held liable for any damages resulting therefrom.
Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come as close as possible to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules.
The place of jurisdiction is Lucerne.
Meggen, April 1, 2021