Terms of Use

What is the purpose of these terms?

These Terms of Use («Terms») govern your use of the online service beem («beem»). You can access beem via our app or also via apps and mobile sites of our partners that have beem functionality. beem is provided and maintained by Swisscom (Switzerland) Ltd, a company incorporated under the laws of Switzerland with registered office at: Alte Tiefenaustrasse 6, Worblaufen, Switzerland, company registration no. CHE-101.654.423 (“Swisscom” or “we”).

You must register and expressly accept these Terms in order to be able to use beem in full. These Terms shall constitute a binding agreement between you and us. Please read them carefully.

What is the purpose of beem?

beem enables individuals (“users” or “you”) to interact with offers from our customers, which you may see at events, in TV and cinema commercials and on posters, for the purpose of obtaining further information, participating in competitions, buying products, etc.

It is possible to recognize offer with which you want to interact by means of a high-frequency audio signal, pre-recorded audio samples and/or via Bluetooth by an app used by you with beem functionality. In order to receive the signal, please allow it to access the microphone, Bluetooth and/or location data. We shall use this access exclusively in order to receive or transmit beem audio and Bluetooth signals and audio samples.

With your consent, beem may also use other transmission technologies in the future, such as optical methods (QR code, image recognition, etc.), GPS, etc.

Where and how is beem available?

beem is currently only available in Switzerland and for private individuals residing in Switzerland. We do not represent, warrant or guarantee that beem or any information, content and data provided on or through beem will always be available or operate without interruption. We reserve the right to suspend beem at any time should we consider this to be necessary (e.g. for updates, maintenance, corrections, security risks, risks of improper use, etc.). We will not be liable towards you or any third party for any damages or losses resulting from any suspension or lack of availability of beem.

Is beem secure?

We placed special emphasis on security when developing beem. However, we are unable to warrant or guarantee that beem or any information, content and data provided on or through beem will be secure or free from bugs or viruses. Similarly, we shall not incur any liability for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of beem or any downloading of any information, content and data provided on or through beem.

How do I register for beem?

You must register and create a beem account in order to be able to use beem in full. You create an account by providing us with at least your email address for authentication. We are entitled to introduce any other method of authentication if we deem this necessary. If your email address changes, you have to update your account accordingly.

We reserve the right to verify your identity at any time. If we have reason to believe or become aware that your information you have provided is incorrect, we shall be entitled to block or close your beem account without liability to you. We are, however, not obliged to verify your identity.

You bear sole responsibility for ensuring that your login credentials remain secret and are safely stored; the same applies for any acts carried out using the login credentials. We shall not bear any responsibility of liability for the confidentiality and security at your end of your login credentials and for any activities that are carried out using your login credentials. If there is a risk of unauthorized use of login credentials by third parties, you must inform us immediately.

What rights do I have?

You are granted a personal, free, non-assignable and non-exclusive license to access and use beem within Switzerland and any information, content and data provided by us to you for the sole purpose of using and enjoying the benefit of beem as provided by us, as long as you use beem in the manner permitted by these Terms and in accordance with applicable laws or regulations.

Is there a fee for beem?

Currently, we offer beem free of charge. However, we reserve the right to impose a fee or any other compensation for the use of beem in the future. Such changes will be implemented in accordance with Section 13 below.

Will beem ever change?

Possibly. We reserve the right to adapt, amend, modify or change beem or any information, content or data provided on beem by us and available on or through beem at any time and at our absolute discretion.

What are my responsibilities?

You are solely responsible for procuring and maintaining the technology required for using beem including but not limited to all necessary hardware and software, the internet connection, the web browser and any necessary interfaces at your end. We are not responsible or liable for the technology required for using beem. We are also not liable for damages or losses incurred by you as a result of transmission errors, technical defects, interruptions, malfunctions, or unlawful intrusions.

We do not accept any responsibility for the offers of the customers available in beem and the contents and statements shown therein and exclude any warranty in this respect. In the event of interaction with an offer, or participation or acceptance of this offer, you establish a direct contractual relationship with the respective customer and accept its specific terms of use and privacy policy. We only ensure that the policy made available by our customer is visible to you prior to acceptance/participation. Any questions, assertion of claims, complaints or other communication in connection with the offer must be addressed directly to the respective customer.

You must not use beem in any manner that could damage, disable, overload or impair our technical infrastructure.

If you believe that the use of beem by another user or any information, content or data available on or through beem infringes your or any third party’s rights, applicable laws and/or regulations or these Terms, please notify us immediately via beem.support@swisscom.com.

Will I ever have to indemnify Swisscom?

You must indemnify and hold us harmless in the event that any claims are brought by third parties or authorities in relation to your usage of beem or a violation of these Terms or applicable laws, and shall ensure and cover the cost of appropriate defence against any such claims.

In particular, we shall be entitled to take appropriate action (e.g., blocking access, temporary suspending or deactivation of your account) in the event of any usage in breach of contract, without thereby incurring any liability towards you. In the event of unlawful conduct, you may also face liability claims from us, third parties who have suffered injury and/or criminal prosecution and penalties on the part of the competent authorities.

How is Swisscom’s warranty excluded?

Unless required otherwise by law, we decline any warranty in relation to beem, the provision of the online service and its usage along with any information, content or data accessible on or through beem.

In particular, we are unable to guarantee that beem will operate without interruption or error. We specifically disclaim any liability for inadvertently modifying, corrupting, destroying, deleting or failing to store any information, content and data you may upload, post, transmit, share or otherwise make available on beem.

How is Swisscom’s liability limited?

Unless required otherwise by law, no liability shall be incurred by Swisscom, in particular for losses resulting from transmission errors, technical faults, interruptions or other disruptions.

Under no circumstance shall Swisscom be liable for indirect or consequential losses, including but not limited to lost profits, data or reputational losses, and third-party claims. It shall in addition not incur any liability as a result of any usage of beem that is unlawful or constitutes a breach of contract.

How may these Terms change over time?

We reserve the right to modify, change and amend these Terms and impose new or additional terms or conditions on your use of beem at any time at our sole discretion without thereby incurring any liability towards you. Should we decide to modify, change and amend these Terms, we shall notify you of the relevant modification, change or amendment by email and place a respective notice on beem at least fourteen (14) calendar days before the modification, change or amendment takes effect. If you disagree with the relevant modification, change or amendment, you may ask for your account to be deleted and stop using beem. Your continued use of beem after we make changes to these Terms shall be construed as acceptance of the relevant modification, change or amendment.

What happens if beem is discontinued?

We reserve the right to discontinue beem (or any part, service or content thereof) at any time at our sole discretion without thereby incurring any liability towards you. In the event we decide to discontinue beem (or any part thereof or content thereon), we shall notify you of the discontinuation by email and place a discontinuation notice on beem at least one (1) month before the discontinuation takes effect.

How can I terminate my use of beem?

You can deactivate the beem function in the relevant app of our partner used by you at any time or delete the beem app.

These Terms will continue to apply to your use of beem until terminated by either you or us, as follows:

You may put an end to the applicability of these Terms at any time for any reason by deleting your account and ceasing your usage of beem. Should you do so, you must specifically inform us that you would like to delete your account and stop using of beem.

If we have reasonable grounds to suspect that you or your use of beem constitutes a material or repeated violation of any applicable laws or regulations or of these Terms, we shall be entitled, following a reasonable notice period, or immediately in the event of a serious breach, to:

  • terminate your use of beem;
  • temporarily or permanently deactivate your account;
  • decline your request for current or future access to and use of beem.

In the event we take any of the above actions, you will not be permitted to create another account without our prior consent.

Applicable law and jurisdiction

These Terms, together with the beem Privacy Policy, constitute the entire agreement between you and us and shall govern your use of beem. These Terms shall be subject to the laws of Switzerland. Any disputes that may arise in relation to these Terms shall be brought exclusively before the courts at our registered office (Bern, Switzerland), without prejudice to any mandatory jurisdiction.

How to contact us

If you have any questions or concerns about Swisscom or these Terms, you can contact us via www.beem-now.ch or by regular mail or email to the following addresses: Swisscom (Switzerland) Ltd, Digital Business Unit, beem, Konradstrasse 12, 8005 Zurich Switzerland or beem.support@swisscom.com. We shall attempt to respond to your questions or concerns promptly after we receive them.

 

Last updated on 13 August 2019.