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Terms and conditions FEDRO

1. Preamble and legal bases

Based on Article 57c of the Federal Road Traffic Act (SR 741.01), the Federal Roads Office (hereinafter “FEDRO”) operates the online Traffic Data Platform (hereinafter “TDP”) via which it makes its traffic census figures and other relevant data freely accessible to everyone. The figures available on the TDP take the form of strictly technical data that anyone can obtain from the platform and use without restriction.

Users who frequently procure a large data volume over a defined time frame will be encouraged to become a partner in the joint data network. If they are themselves able to deliver data to the TDP and thus enhance the overall benefit of the platform, upon their signature of a data supply agreement they will be incorporated into the group of contractual partners and be entitled to broader access to the platform as an official “TDP partner”. The delivery of data counts as the consideration or legally prescribed remuneration for the data procured from the TDP. The supply of new, additional data by contractual partners enhances the overall benefit of the platform.

Suppliers who cannot, or no longer wish to, deliver their own data will be reclassified as a “TDP user”.

2. Applicability

These General Terms and Conditions govern the contractual relationships between users of the TDP and FEDRO.

The term “user” refers to any natural person, legal entity or public authority that is registered on the TDP operated by FEDRO. The General Terms and Conditions apply to the procurement by the user of the data provided on the TDP by FEDRO.

3. Entry into force

These General Terms and Conditions enter into force following the registration by the user on the TDP.

4. Registration requirement

The use of the TDP is subject to prior online registration. Applicants must complete all the mandatory fields in the registration form in full and truthfully.

5. Access authorisation

After the registration procedure has been completed and the user has expressly agreed to these General Terms and Conditions, FEDRO will authorise the user’s access to the TDP by means of user identification (login), including a one-time e-mail verification and valid password.

Here, the natural person, legal entity or public authority that has registered the user ID and password is deemed to be the user, regardless whether the person or entity concerned has access authorisation.

The user’s registration data are subject to the provisions of the Federal Data Protection Act (SR 235.1). All user data are treated as confidential and are protected against access by unauthorised persons or entities. This applies to the transfer of data (ssl, https) as well as to the storage of personal profiles (firewalls and backups). By completing the registration form, users consent to the processing of their personal data within the scope of the use of the TDP. FEDRO is prohibited from using or passing on users’ personal data for any other purpose. The user is aware of, and accepts, the fact that if data are transferred without encryption by e-mail and via the Internet (http), they can be read or even changed by third parties.

The procurement of data is restricted to a period of 6 (six) months. If a user is able to substantiate the need to procure data for a lengthier period, FEDRO may authorise the extension.

FEDRO reserves the right to block a user’s access authorisation on substantial grounds, either prematurely or with immediate effect. In the event of a violation of the provisions of these General Terms and Conditions, FEDRO may immediately stop the user concerned from procuring data and demand restitution of the legal status. If the restitution of the legal status should not be effected by the deadline specified by FEDRO, the user’s access to the TDP will be immediately blocked upon expiry of the specified deadline.

The user concerned thus loses the right to continue to process the supplied data and is required to immediately delete the data in their entirety and irrevocably.

In the event of the occurrence of criminally relevant conduct on the part of the contractual partner, FEDRO reserves the right to take further measures, for example reporting or informing the relevant prosecution authorities.

6. Scope of services provided by FEDRO

FEDRO operates the TDP and enables users to procure data from the platform for processing or use in accordance with the provisions of these General Terms and Conditions. FEDRO expressly reserves the right to modify, delete or temporarily postpone the publication of data, at any time, wholly or in part, without prior notice.

FEDRO will inform users via its website when new datasets are available for procurement from the TDP.

7. Quality and format of data provided by FEDRO

The quality of the data on the TDP corresponds to the status at the time of delivery by FEDRO and contractual partners. The data are not subjected to a quality check. Users are not entitled to receive data in any other level of quality.

FEDRO enables users to procure the data in a standardised format with a corresponding data key and based on the status of the data at the time of delivery.

8. Users’ rights and obligations

Registered users have the right to procure data from the TDP according to their personal selection. They agree to only use the platform and data within the scope of these General Terms and Conditions.

9. Costs/remuneration for data procurement

The procurement of data from the TDP is free of charge for registered users. This remains subject to any future amendments of the applicable legislation obliging FEDRO to charge for the procurement of data from the TDP.

All costs associated with the procurement of data from the platform must be borne by the users.

10. Rights pertaining to the TDP and TDP data

The federal government is the exclusive owner of all rights pertaining to the TDP. The rights pertain-ing to delivered data remain the property of the respective supplier. The data posted on the TDP are accessible to users within the scope of these General Terms and Conditions. Downloading or copying data does not result in the transfer of any rights whatsoever with respect to their content.

11. Publication of results arising from the processing of the data

Users who produce publications in printed or electronic form using data from the TDP must indicate the following source reference: “Source: FEDRO Traffic Data Platform (TDP)”.

12. Management and further development of the platform

FEDRO is responsible for the operation and management of the TDP. It may call on the services of third parties in order to secure the performance of its duties. The further technical development of the platform is entirely at the discretion of FEDRO.

13. Liability

Users shall be liable for any use of the data from the TDP in an unlawful manner or in violation of the contract, and for any resulting damages. Users shall bear all risks that may arise as a result of manipulations of their data processing system, malfunctions of their data processing system and/or improper use of their access authorisation.

The federal government cannot accept any liability whatsoever for the correctness, accuracy, status, reliability and completeness of the data delivered to the TDP. It can also not be held liable for direct or indirect damages resulting from the proper or improper use of the TDP, to the extent permitted by law.

14. Applicable law and place of jurisdiction

All disputes arising in association with these General Terms and Conditions shall be governed exclusively by Swiss law.

Place of jurisdiction shall be Bern, Switzerland. FEDRO may also take action against users at their place of residence or business headquarters. German shall be the official language for dealing with all disputes.

In the event of any contradictions between the various language versions of these General Terms and Conditions, the German version shall take precedence.

 

Status, March 2020 – FEDRO