1. Identity of the parties:
These terms of use govern the contractual relationship between, on the one hand, this platform, owned by Kalyx Sarl (hereinafter: “the platform”), and, on the other hand, the user of the platform (hereinafter: “the user”), in connection with the services offered by the platform.
These terms of use also govern the relationship between any visitor to the platform and the platform itself, independently of the services offered by the latter.
2. Ownership of the platform:
The platform ma-plainte.ch is the exclusive property of Kalyx Sarl , a limited liability company.
3. Acceptance by the user:
Use of this platform necessarily implies the user’s acceptance of these terms of use and in particular of their exclusions of liability.
4. No personal information recorded:
The platform guarantees that all personal data provided by the user will in no case be recorded in its databases. The platform will not collect, store or share any personal information of the user, including, but not limited to, names, e-mail addresses, telephone numbers, postal addresses, etc.
5. Data protection:
We undertake to respect the protection of your data in accordance with the Federal Act on Data Protection (LPD).
Data collected on our platform will be used solely for statistical and anonymous purposes to improve our services and optimise the user experience. The data collected will in no case make it possible to identify a user personally.
The controller is:
Kalyx Sarl
Boulevard du Pont-d’Arve 10-12
1205 Genève
In the context of the analysis, the data collected will be processed by Google (United States) by means of the Google Analytics 4 tool. Google Analytics 4 does not record or store the user’s IP addresses and the anonymised data are collected within the European Union. If you do not want Google Analytics to record your behaviour, you can download and install the following add-on in your browser to disable data collection:
The user expressly consents to the processing of data resulting from browsing the platform as well as of the data he or she communicates.
6. Cookies:
The platform uses cookies to make browsing more pleasant and to offer certain functions to the user.
Cookies are text files stored on your computer.
Most cookies are deleted from your hard disk when you close your browser (session cookies).
Other cookies remain on your computer and are able to recognise you if you return to the same site (permanent cookies).
The user may block the use of cookies in his or her browser by limiting or disabling their storage and reading. Without cookies, however, the user cannot benefit from all the functions offered by the platform.
7. Other third-party tools or plugins:
The platform may use other third-party tools or plugins (such as, for example, Facebook, Instagram, Twitter, LinkedIn, Google Maps, YouTube, SnapChat, etc.) which record the user’s IP address and store it in the State where the server is located (for the tools and plugins mentioned, towards the United States).
The user accepts that his or her IP address may be transferred to the State where these servers are located.
8. Payment security:
The use, on the platform, of a credit card or of any other means of payment by the user takes place in full security and confidentiality.
Transmission of the user’s data is carried out by means of the standard SSL process, after encryption of the information exchanged between the platform and the web server of the payment system. The user’s personal and confidential information (name, address and credit-card number) is secured.
9. Exclusive responsibility of the user:
The user is exclusively responsible for the accuracy and completeness of the information provided when using our platform. The platform declines all liability for damage arising from the use of incomplete, inaccurate or misleading information.
The user is drawn in particular to the criminal liability for fraud (see art. 146 of the Swiss Criminal Code) and for misleading the judicial authorities (see art. 304 of the Swiss Criminal Code).
The user is required to keep a copy of the complaint for his or her own records.
10. Use for lawful purposes:
The user undertakes to use our platform solely for lawful purposes and to comply with all laws, regulations and directives applicable in his or her jurisdiction. The platform reserves the right to suspend or terminate access to our platform in the event of abusive or unlawful use.
11. Exclusion of liability of the platform:
The platform excludes all liability of its own, subject to wilful misconduct and gross negligence, as well as all liability for the acts of its auxiliaries.
The user agrees to hold harmless the platform, as well as its owner, in the event of direct, indirect, consequential or special damage, including, but not limited to, loss of data, loss of profits, loss of revenue, business interruption, material or non-material damage, resulting from the use or inability to use our platform.
The platform also declines all liability regarding links to third-party websites, even if those links are indicated by us. The platform has no influence over the development of those sites and gives no warranty concerning them.
The platform is not required to prove receipt of the data entered by the user, nor to keep them in its archives.
12. No warranty:
The platform does not warrant the correctness, accuracy, faithfulness or up-to-dateness of the information made available on it.
The platform also does not warrant any result, in particular the opening of criminal proceedings by the competent authorities or the conviction of third parties.
No automatic transmission to the competent authorities:
The user is solely responsible for transmitting the complaint to the competent authorities.
The platform is not required to transmit the complaint to the competent authorities and cannot be held liable for the absence or delay of processing of the complaint by the authorities.
The user acknowledges that use of the platform does not interrupt any limitation or forfeiture period.
13. Tariffs:
The amount of the transaction is CHF 29.- (TTC).
The user is bound by and accepts the tariffs indicated on the platform.
The tariffs indicated may be modified at any time unilaterally by the platform.
Non-revocability of payment:
Once payment has been made for use of our platform, the user may no longer demand reimbursement, in whole or in part, of his or her payment.
Amendment of the terms of use:
The platform reserves the right to amend these terms of use at any time, without prior notice and without any obligation to inform the user. It is for the user to consult these terms of use regularly, in order to remain informed of any updates.
14. Copyright:
The content of the platform is protected by copyright.
Downloading or copying texts, illustrations, photographs or other data does not entail any transfer of rights over the content accessible on the platform.
Copyright and all other rights relating to the texts, illustrations, photographs and other data placed on the platform are the exclusive property of the platform or of the holders expressly named.
Any reproduction is subject to the prior written authorisation of the rights holder.
15. Miscellaneous:
Should any of the provisions of these terms of use be considered null and void, in whole or in part, or ineffective under applicable law, the other provisions of these terms of use shall remain valid and binding.
If any of the provisions of these terms of use prove to be without effect in whole or in part, it shall be replaced by a provision producing economic and legal effects as close as possible to those of the lapsed provision.
These terms of use constitute the entire agreement between the user and our platform as regards use of the latter.
The fact that our platform tolerates breaches of any of the obligations provided for by the terms of use, or fails to invoke, exercise or implement a right recognised to our platform by these terms of use or by law, cannot be interpreted as a waiver on its part of relying thereon.
16. Applicable law and forum:
These terms of use as well as the legal relationship between the user and our platform are governed exclusively by Swiss law.
In the event of a dispute, the Geneva courts have jurisdiction; appeal to the Federal Supreme Court is reserved.