Terms

These Terms & Conditions (“Terms”) govern the access to and use of the Markto website and platform available at https://markto.ch (the “Platform”). The Platform is operated by Markto (company details / address to be inserted) (“Markto”, “we”, “us”, “our”).

By creating an account and/or using the Platform, each user (“User”, “you”) agrees to be bound by these Terms in the version valid at the time of use. If you do not agree with these Terms, you must not use the Platform.​

• Markto provides an online marketplace that allows Users to list, discover and contact each other for the purchase and sale of vehicles and related products/services in Switzerland.

• Unless explicitly stated otherwise, Markto is not a party to contracts between buyers and sellers; such contracts are concluded directly between the Users.

• Markto may offer additional services such as featured listings, advertising, or tools to assist with pricing, but these do not change the legal relationship between buyer and seller.

• To use certain features (e.g. creating listings, saving searches), you must register and create a User account with accurate and complete information.

• You must be at least 18 years old and legally capable under Swiss law to enter into binding contracts.​

• You are responsible for maintaining the confidentiality of your login details and for all activities carried out through your account; you must notify Markto without undue delay if you suspect misuse of your account.

Users must in particular:

• Use Markto only for lawful purposes and in accordance with these Terms and applicable Swiss law.​

• Ensure that all information provided in listings (e.g. vehicle data, price, mileage, condition, accidents, ownership, VAT status) is truthful, accurate and not misleading.

• Respect third‑party rights (including intellectual property, privacy and personality rights) and not upload unlawful, offensive, defamatory, discriminatory or otherwise inappropriate content.

Markto may, at its sole discretion and without prior notice, edit, hide or delete listings or other content that appears to be unlawful, inaccurate, misleading, spam, or otherwise contrary to these Terms, and may restrict, suspend or terminate accounts.

• The User who creates a listing (“Seller”) is solely responsible for the content of that listing and for the vehicle or product offered.

• The Seller undertakes to describe the vehicle honestly and completely, including at least: make, model, year, mileage, technical data, known defects, accident history (where relevant), ownership status and any encumbrances/leasing/financing.

• Photos and descriptions must reflect the actual vehicle being offered; using photos of other vehicles or stock images without clear indication is prohibited.

• Sellers must comply with all applicable Swiss legal requirements for vehicle sale, registration, roadworthiness and taxes.​

• Any negotiation, reservation, test drive arrangement and conclusion of a purchase contract takes place directly between the Seller and the interested User (“Buyer”).

• Buyers are responsible for carefully checking the vehicle (including documents, service history, accident status) and clarifying all relevant information before concluding a purchase.

• Markto does not verify the identity, solvency or reliability of Users, nor the existence, quality, safety or legality of listed vehicles, unless explicitly stated otherwise for specific products or badges.

• Unless otherwise indicated, the prices shown in listings are non‑binding asking prices set by the Sellers.

• Any payment for a vehicle is made directly between Buyer and Seller using methods agreed between them; Markto is not a payment intermediary and does not hold, manage or guarantee funds unless a separate, clearly described payment service is offered.

• Markto may offer paid additional services (e.g. premium listings, bumping, ads, API access). The respective fees, billing periods and VAT treatment will be disclosed at the time of purchase and are due immediately unless stated otherwise.​

If Markto offers professional plans for dealers or commercial users:

• Dealers may be charged recurring subscription fees and/or per‑listing or performance‑based fees according to the tariff model communicated on the Platform or in the contract.

• Markto may adjust fees or tariff models at any time for future periods; Users will be notified in advance and may terminate before changes become effective.​

• All fees are payable in CHF (unless otherwise indicated) and are generally exclusive or inclusive of VAT as stated in the price information.​

Users must not:

• Post listings for vehicles or products they are not entitled to sell, or that are stolen, illegally imported, or otherwise unlawful.

• Use the Platform for fraudulent schemes, money laundering, or to send spam or unsolicited mass messages.

• Technically manipulate the Platform, attempt to bypass security measures, use automated scraping, or interfere with the proper functioning of the services.

• Collect, store or process personal data of other Users for purposes other than the negotiation and conclusion of a transaction on Markto, and always in accordance with applicable data protection law.​

• All rights in the Platform, including the design, software, logo, trademarks, and database structure, belong to Markto or its licensors.

• Markto grants Users a limited, non‑exclusive, non‑transferable right to use the Platform in accordance with these Terms.

• By publishing content (e.g. text, photos, logos) on Markto, Users grant Markto a non‑exclusive, worldwide, royalty‑free licence to use, reproduce, display and distribute such content within the Platform and in Markto’s marketing, to the extent necessary to operate and promote the service.

• The collection and processing of personal data through Markto are governed by a separate Privacy Policy, which forms an integral part of these Terms.​

• Users must ensure that they only use personal data of other Users for the purposes of communication and transaction on the Platform and in line with applicable Swiss data protection law.​

• Markto strives to keep the Platform available and functional but does not guarantee uninterrupted or error‑free operation.

• Markto may temporarily or permanently restrict or modify the Platform (or parts of it), for example for maintenance, security, business reasons or legal requirements, without giving rise to claims by Users.

To the maximum extent permitted by applicable Swiss law:

• Markto assumes no liability for the correctness, completeness or timeliness of User content, listings or third‑party information.

• Markto is not liable for the conclusion, performance or non‑performance of contracts between Users, nor for any defects, damages, delays or legal issues relating to vehicles or services bought or sold via the Platform.

• Markto’s liability for slight negligence is excluded; for gross negligence and unlawful intent, liability is limited to foreseeable and typical damage.​

• Any mandatory statutory rights of consumers under Swiss law remain unaffected.​

If third parties assert claims against Markto due to content or conduct attributable to a User (e.g. unlawful listing, rights violations), that User shall indemnify and hold Markto harmless from such claims and any associated costs (including reasonable legal fees), to the extent permitted by law.

• Users may delete their account at any time or request deletion through Markto’s support, subject to any existing contractual or statutory obligations (e.g. retention periods).

• Markto may suspend or terminate access to the Platform or certain features, temporarily or permanently, particularly in the event of suspected misuse, violations of these Terms or legal obligations, or for business reasons.

• Upon termination, Markto may delete or anonymize User content and data unless statutory retention obligations require longer storage.​

• Markto may amend these Terms at any time for future use of the Platform.​

• Users will be appropriately informed of material changes (e.g. via notice on the Platform or by email). Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.​

• If a User does not agree with the amended Terms, they must stop using the Platform and may delete their account.​

• These Terms and any disputes arising out of or in connection with Markto and the Platform are governed by substantive Swiss law, excluding its conflict‑of‑laws rules.​

• The courts at the registered seat of Markto (insert city, e.g. Zürich) shall have jurisdiction, subject to any mandatory protective jurisdiction rules for consumers.​

• If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected; the invalid provision shall be replaced by a valid provision that most closely reflects the economic intent.​

• No failure or delay by Markto in exercising any right under these Terms shall be deemed a waiver of such right.