Terms of Use

Terms and Conditions

1. About these Terms and Conditions

1.1 Your access and use of the Website of Batmaid SA, its mobile Apps and any  other technical interfaces provided by Batmaid SA (together “batmaid.ch” or the “Website”) are governed by the present terms of use (the “Terms and Conditions”, “General Terms and Conditions” or GTC). By accessing, browsing and using the Website you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use.

1.2 Through the Website or other technical means (for example, our mobile Apps, our call center,...) , you (“the Customer”, or You) can subscribe to the cleaning services provided by Batmaid SA. These services are detailed in the Part II of the present Terms and Conditions.

Part I - The website

2. Copyright and Intellectual Property

2.1 The content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Batmaid SA or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law (all rights reserved).

2.2 Except as provided in Section 2.3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such content of our Website.

2.3 You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Batmaid SA.

2.4 Batmaid SA neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties.

3. Usage of the Website

3.1 Any material, information and all the content that you find on the Website are furnished to you “as is”, in function of their availability, and without guarantee of any sort, expressed or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.

3.2 Batmaid SA does not guarantee that its Website or its content will correspond to your expectations, will not be interrupted, timely, secure and free of error.

3.3 The activation of certain links on the website may cause you to leave our website. We do not review any of these linked websites and do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall we be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to our website.

3.4 You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to us or to the users of our Website.

3.5The content of our Website may contain inaccuracies or errors. Batmaid SA reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

4. Website: Limitation of Liability

4.1 You access, use, browse and navigate on our Website at your own risk and peril.

4.2 You recognize and accept that, to the fullest extent permitted by applicable regulations, neither Batmaid SA, any of its affiliated companies, their directors, officers, employees, agents or shareholders, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Batmaid SA or any of its affiliated companies), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or their content.

4.3 All materials which are downloaded or obtained by any other manner during the use of our Website are at your own risk and peril. Batmaid SA, or any of its affiliated company, assume no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Website or for any illegal intrusion or intervention in the IT systems.

4.4 Batmaid SA reserves the right to interrupt or discontinue any or all of the functionality of its Website. Batmaid SA, or any of its affiliated company, accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Website resulting from actions or omissions of Batmaid SA,, any of its affiliated company, or any third party.

Part II - The Cleaning Services

5. The Cleaning services

5.1 Batmaid SA offers its cleaning services in Switzerland. These services are performed through the cleaning agents that are employed directly by Batmaid SA.

5.2. These services are provided to You, in accordance with the present agency contract (art. 394 of the Swiss Code of Obligations).

5.3. Our employees will not be able to lift objects exceeding 5kg. They will be able to move objects up to 10 kg, as long as they are easy to slide on the ground. Any object exceeding this limit cannot be moved by Batmaid SA employees.

5.4 It is forbidden to record images of our employees during their services, if an explicit agreement has not been made beforehand.

6. Damages and exclusion of liability

6.1 To the extent allowed by the art. 101(2) of the Swiss Code of Obligations, Batmaid explicitly excludes all liability for any damages caused by its agents

7. Plans and Pricing

7.1. Batmaid SA provides its cleaning services through a set of different subscriptions and punctual (one-off) services (together referred to as the “Plans”), each one defined by different characteristics, contractual engagements and prices.

7.2. The prices indicated on the Website are expressed in Swiss francs, excluding VAT, unless otherwise explicitly stated. The total price is VAT included, unless otherwise expressly stated.

7.3. Batmaid SA reserves the right to immediately reflect any change in VAT applicable on its prices.

7.4. Batmaid can modify the offering at any time, by removing or modifying any Plans without prior notice and without justification. The new offering will be immediately effective for any new reservations, either by existing or new customers.

7.5 In case Batmaid decides to modify or remove an existing Plan from its offering, Batmaid will inform the affected customers in writing 14 days before the Plan is removed or modified. An email message sent to the email address indicated in the customer’s file is explicitly deemed to constitute a written communication in this sense. 

7.5. In case Batmaid decides to modify or remove an existing Plan from its offering, Batmaid will inform the affected customers in writing 14 days before the Plan is removed or modified. An email message sent to the email address indicated in the customer’s file is explicitly deemed to constitute a written communication in this sense.
b) Abonnements werden nicht zurĂĽckerstattet, auch wenn der Kunde den Dienst nicht genutzt hat.
c) Jahresabonnements werden automatisch jedes Jahr erneuert.
d) Jahresabonnements können nicht gekündigt werden. In Ausnahmefällen kann ein Jahresabonnement zurückerstattet werden. Jeder Fall wird individuell geprüft.

8. Purchase of a Plan and payments

8.1 Any Plan purchased via the Website is considered as an offer to conclude a sales contract between you and Batmaid SA in accordance with these GTC.

8.2 The payment of your order is made by credit card or similar methods (e.g. Twint), directly on the Website. At the moment of ordering the services, Batmaid will perform a pre-authorization of the payment method, however the services are paid after the service has been delivered or when the cancellation fees and any other penalty fees as specified in the Plan become due.

8.3 The payment will only be deemed to have been made when Batmaid SA has received in full the sums indicated for each cleaning on the Website.

8.4 In case one or more payments have not been made, including but not limited due to the failures in charging the payment method provided by the customer, Batmaid reserves the right to suspend the service and cancel any upcoming cleanings without further notice.

9. Cancellations and modifications to your cleaning schedules and to your contract

9.1. The cleaning schedule can be modified by Batmaid for organizational reasons at any time. Batmaid is not responsible for any direct or indirect damage that this may create.

9.2.If you cancel or modify a cleaning that has already been scheduled, you will be charged a conventional penalty (“Late Change Fees”), as follows:

a. Nothing, if you cancel 48h or more before the originally planned start date and time of the cleaning.

b. The equivalent of 1 hour of cleaning, if you cancel between 24 and 48 hours before the originally planned start date and time of the cleaning.

c. The full price of the cleaning, if you cancel less than 24 hours before the originally planned start date and time of the cleaning.

9.3. Unless otherwise specified in the conditions of each individual Plan, the Plan can be cancelled by either party at any moment.

9.4. Any fees or penalties due by you for the cleanings already scheduled, for instance the Late Change fees, are reserved.

10. Discount vouchers and Gift Cards

10.1 Batmaid can distribute at its own discretion Discount vouchers (the “Voucher”) that can be used by you to obtain a Plan at special conditions.

10.2 The Vouchers can be used only on the Website and provided that the amount of the order with taxes is equal to or greater than the minimum amount indicated on the Voucher.

10.3 Unless otherwise indicated on the Voucher or on the communication accompanying them, a Voucher can only be redeemed before the expiration date mentioned on the on it or on the communication accompanying it and before the expiration of the campaign period it is attached to, whichever comes first.

10.4 Batmaid reserves the right to cancel a Voucher at any time, and to suspend any accounts from the possibility of using Vouchers in case of abnormal activity, abuses or any suspicion thereof. 

10.5 Batmaid can offer on its Website the possibility to purchase “Gift Cards”. 

10.6. Every purchase of a Gift Card is final and is not eligible for a refund once the Gift card voucher code has been transmitted.

10.7 By activating a Gift Card, you (or the person you transit the Gift Card to) can obtain a credit on your account, equivalent to the amount of the Gift Card.

10.8 Gift cards and their credit expire 12 months after purchase. The expiration date can be extended once for another 12 months upon request.

10.9 The credit obtained through the activation of a Gift Card, or remaining after the partial use of the credit obtained through the activation of the Gift Card, can uniquely be used for the purchase of one or more Plans. Any reimbursement of credit or partial credit is explicitly excluded. 

Part III- General Provisions

11. Miscellaneous

11.1. The present Terms of Use embody the entire agreement concluded between Batmaid SA and yourself concerning the access and the use of the Website and their content.

11.2. The fact that Batmaid SA tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

11.3. In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as unwritten, all other provisions of the Terms of Use shall not be affected or impaired, maintaining full force and effect between yourself and Batmaid SA.

11.4. The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

11.5. The sole place of jurisdiction for all disputes arising out of or in connection with the Terms of Use stipulated herein and/or the use of the Website is Lausanne, Switzerland. We nevertheless reserve the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

11.6 The Terms of Use as well as the use of the Website are exclusively governed by and construed in accordance with Swiss law.

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