These General Terms and Conditions apply to relationships between customers and LOXY Schweiz AG, Operation Center 4, 8058 Zurich (hereinafter referred to as "Company") for the "tracker" service, insofar as they are declared applicable by the customer by clicking or in any other way.
All contractual partners of the company and all third parties who use the "tracker" service are considered customers of the company.
The term "tracker" refers to the entire range of services offered by LOXY Schweiz AG as listed on its website (currently www.tracker.com).
These Terms and Conditions also apply if the "tracker" service is sold or brokered by a company other than LOXY Schweiz AG.
Any provisions in the main contract between the company and the customer take precedence over these GTC. There are no verbal or written side agreements in addition to any main contract and these GTC, unless they are expressly mentioned in the respective main contract.
1.1 The Company provides the "tracker" service within the scope of the respective contract and the resources available to it. The Company reserves the right to adjust the service if necessary or for important reasons.
1.2 The Company may engage third-party providers and subcontractors to fulfill the contract.
2. Conclusion of contract / Commencement
2.1 The contract is concluded in writing or electronically on specified standard registration forms. By applying for a contract with the company, the customer simultaneously acknowledges the company's general terms and conditions and undertakes to provide the company with truthful information.
2.2 The contractual relationship begins upon acceptance of the offer by the company. Acceptance is confirmed by a confirmation message sent to the applicant's mobile phone or by email or letter of confirmation sent to the applicant.
2.3 By submitting their application, the applicant customer confirms that they are the owner of the specified telephone number and undertakes to notify the company immediately of any change in ownership of the telephone number.
3.1 Customers who are considered consumers within the meaning of the law have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period begins upon delivery of the products or upon conclusion of the contract, whichever is later. The date of posting is decisive for compliance with the deadline.
3.2 To exercise the right of withdrawal, the customer, who is considered a consumer, must send a written statement (an email is sufficient) to the company stating that they wish to exercise their right of withdrawal.
3.3 Services already used prior to exercising the right of withdrawal must be compensated to the company.
3.4 This right of withdrawal applies only to consumers within the meaning of the law and expressly does not apply to business customers.
4.1 The customer agrees that the data from the electronic device may be converted in such a way that the respective location or movement route of the corresponding device can be posted on the Internet.
4.2 The customer expressly agrees that the location or movement route of the electronic device can be viewed at any time via the password-protected personal account accessible via the Internet. In this context, the customer waives any claims arising from personal rights or telecommunications and data protection laws and the like.
4.3 Furthermore, the customer acknowledges the processing and use of their own data insofar as this is necessary for the fulfillment of contractual obligations.
The customer agrees that their personal access code and all data relating to them will be stored in a lawyer's safe. This storage serves exclusively to secure customer data for the purpose of rectifying any malfunctions in the service offered. Access to this data is restricted to service specialists employed or commissioned by LOXY Schweiz AG who are responsible for troubleshooting in the event of a malfunction, as well as the manager responsible for security at LOXY Schweiz AG.
In order to provide the customer with optimal service, the customer consents to internal data processing and data use, in particular to inform him about the entire product range. The company reserves the right to disclose the customer's identity upon justified request by third parties.
4.4 The customer agrees that the position lantern may be made available to third parties in anonymized form (in particular for the purpose of improving traffic forecasts).
5.1 The contract is concluded for an indefinite period.
5.2 The contractual relationship may be terminated with a notice period of 3 months, for the first time at the end of the minimum contract term agreed in the main contract.
After the minimum contract term agreed in the main contract has expired, the contract can be terminated at the end of the following minimum contract term agreed in the main contract, subject to a notice period of 3 months.
Example: A minimum contract term of 12 months is agreed in the main contract. The contract is not terminated during the first 12 months. The contract can be terminated at the end of a 24-month contract term with a notice period of 3 months.
5.3 Notice of termination must be given by registered letter sent to LOXY Schweiz AG within the specified period or by completing and submitting the web form provided on the company's website.
5.4 If the customer terminates the contract before the service is put into operation, the customer shall owe the company all costs incurred in this connection.
5.5 In the event of misuse by the customer, the company is entitled to terminate the contract without notice and with immediate effect. The following actions in particular are considered misuse:
5.6 If the Company terminates the contract without notice or within the notice period, in particular because the Customer has acted abusively within the meaning of Section 4.6 above, the Customer shall owe the Company all costs incurred in this connection. In particular, the Company shall in this case be entitled to demand payment of the outstanding monthly contributions that would have been due up to the next possible ordinary termination date. The amounts shall become due immediately.
This provision shall also apply if the customer terminates the contract outside the regular notice periods. This does not apply to justified terminations without notice by the customer.
5.7 The customer's consent to automatic credit card charges may be revoked in writing at any time (email is considered written form).
6.1 The Company does not guarantee uninterrupted, trouble-free operation of its services, nor does it guarantee trouble-free operation at a specific time. The Company does not guarantee data traffic on existing radio networks. Liability for interruptions in service, particularly those related to troubleshooting, maintenance, or the introduction of new technologies, is hereby excluded.
6.2 The company does not guarantee the integrity of data stored or transmitted via its system or the Internet. Any warranty for accidental disclosure, damage, or deletion of data sent, received, or stored via its system is excluded.
6.3 In particular, the Company accepts no responsibility for damage suffered by customers or third parties as a result of misuse of the service (including viruses).
6.4 Any liability on the part of the Company and its vicarious agents for a specific technical or economic success, for indirect damage such as lost profits, third-party claims, and consequential damage resulting from production downtime, data loss, and liability for slight and moderate negligence is expressly excluded, subject to further mandatory statutory liability provisions.
6.5 The company reserves the right to claim damages from users in all cases of offenses (in particular data crime, data misuse, and so-called hacking attacks) against the company's network or infrastructure. This also applies to violations of so-called netiquette.
7.1 Dates and delivery times are generally non-binding. The Company's delivery times are subject to correct and timely delivery by the Company's suppliers.
7.2 The benefits and risks associated with the company's products are transferred to the customer upon delivery of the products to the contracted supplier.
8.1 The customer must inspect the products provided or handed over by the company immediately upon receipt and submit a written notice of defects if any defects are discovered. If the customer fails to do so, the products shall be deemed to have been approved, unless the defects were not apparent upon careful inspection. If such defects become apparent later, they must be reported immediately after discovery. Otherwise, the products shall also be deemed to have been approved with regard to these defects.
8.2 If a defect covered by the warranty occurs during the statutory warranty period and is reported in a timely manner, the customer is initially only entitled to have the product repaired by the company or by a third party engaged by the company. A reduction in price or rescission of the contract is excluded. If the product cannot be repaired, the Company may replace the product with a technically equivalent product. Furthermore, all warranty claims are excluded to the extent permitted by law.
8.3 A warranty is excluded in particular for damage caused by normal wear and tear or attributable to accident, misuse, contact with liquids, or other external influences on the device.
9.1 In general, "netiquette" applies. This code of conduct for dealing with and using the Internet applies to all aspects of Internet use. The customer accepts "netiquette" as an integral part of the contract with the company.
9.2 If a customer becomes aware of any illegal information, they are obliged to notify the company. The company will, where possible, investigate the matter and take the necessary and possible measures.
9.3 Subletting the services obtained from the company to third parties is only permitted with the express consent of the company. In the event of a breach of this provision, the company reserves the right to terminate the relevant contract without notice or to assert claims for damages. Furthermore, section 4.7 above applies.
9.4 The customer is responsible for their own hardware and software components (including programs and PC configuration). The company cannot guarantee that Internet access will be possible on all end devices without problems. If malfunctions occur that require measures to be taken at the customer's location and the malfunction cannot be remedied in any other way, the customer is obliged to adapt their system accordingly at their own expense or to cease operation. Otherwise, the company is entitled to disconnect the connection unilaterally.
9.5 The customer is responsible for taking the necessary security precautions to ensure secure data flow. They are responsible to the company for the use of their account or SIM card. Passwords and identifications must not be disclosed to third parties. If this nevertheless occurs through or at the request of the user, the account holder is responsible for any consequences.
9.6 The user must ensure that their use of the "tracker" service complies with applicable Swiss and, where applicable, foreign law. In addition to criminal law, this includes, in particular, data and privacy protection, telecommunications legislation and implementing legislation, copyright, and related rights.
10.1 The Company provides technical support to assist its customers with technical questions regarding the use and installation of the services offered. The costs and operating hours of this service are published on the relevant platform and can be requested from the Company during normal office hours. The Company does not cover the costs of support provided by third parties.
10.2 All types of malfunctions shall be remedied as quickly as possible. No claims may be asserted against the company in the event of interruptions to operations due to malfunction repair, maintenance work, the introduction and installation of new technologies, or similar circumstances.
10.3 If a customer requests the rectification of faults which, based on the investigation carried out by the company at the customer's request, can be attributed to defects in the equipment used by the user or errors in its handling, the customer shall bear the costs incurred.
11.1 The use of the Internet and the "tracker" service entails various data protection risks for the user. The company endeavors to provide the most efficient security possible using economically reasonable, technically feasible, and proportionate measures, but cannot guarantee against misuse. Each participant is responsible for taking measures to secure and shield their data and network against intrusion or other attacks by unauthorized third parties.
11.2 If there is evidence of a hacker attack (or similar) by a user of the company's "tracker" service, the company reserves the right to deactivate access to the service without prior notice. Furthermore, the customer in question will be excluded from all of the company's services for an indefinite period of time. The company also reserves the right to take civil and/or criminal action against the user in question.
11.3 With regard to data protection (contact details of the data protection officer; processing of personal data, etc.), please refer to the company's privacy policy on its website (www.tracker.com).
12.1 Billing shall be based on the agreed terms and conditions of the relevant contract. Invoices shall be issued based on the agreed prices (contract or generally applicable price list). The company shall issue your invoice based on your records.
12.2 Objections to invoicing must be made in writing within 6 months of the invoice date at the latest. After this period, they shall be deemed to have been accepted by the customer.
12.3 The payment terms are based on the contract with the Company. After the payment deadline has expired, the customer is automatically in default without a reminder. The company may charge reminder fees of at least CHF 20 per reminder. In the event of late payment, the company is entitled to block access immediately. Default interest of 8% is payable on outstanding invoice amounts from the due date. A processing fee of at least CHF 50 is charged for reactivation.
12.4 Prices are subject to change at any time. The company shall notify the customer of any changes in an appropriate manner (e.g., on the invoice or by email).
12.5 The Company may offset its claims against counterclaims of the Customer. The Customer is entitled to offset undisputed counterclaims against claims of the Company.
13.1 Should one or more provisions of these General Terms and Conditions prove to be void or invalid, this shall not affect the remaining provisions; these shall remain unchanged and retain their validity. The void provision(s) shall be replaced by provisions that are as economically equivalent and lawful as possible. This shall also apply in the event of a loophole.
13.2 In the event of discrepancies between the different language versions of the General Terms and Conditions, the German version shall prevail.
Swiss substantive law shall apply exclusively to these provisions, excluding the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods). For any disputes arising directly or indirectly from this contract, the place of jurisdiction shall be at the company's registered office or at the customer's registered office or place of residence, at the company's discretion.
Valid from January 2026
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Fax +41 43 543 43 01
by OMGroup