Swiss National Bank

Terms of Use for password-protected area of iconomix.ch

Version: June 2021

Iconomix is an educational programme that was launched by the Swiss National Bank (SNB) in 2007. In providing the website iconomix.ch (hereinafter ‘iconomix.ch’), the SNB aims to promote economic and financial literacy in Switzerland. With Iconomix, the SNB supports the teaching of economics through experienced-based learning at Swiss upper secondary schools.

These Terms of Use govern the rights and obligations pertaining to the password-protected area of iconomix.ch. Supplementary or further conditions may apply to individual or additional functions and services.

The contact addresses of the SNB can be found under Credits. For information about the processing of personal data in connection with iconomix.ch and the rights of data subjects, see Privacy Policy.

Use

The SNB provides teachers who teach at Swiss schools (hereinafter ‘users’) with access to the password-protected area of iconomix.ch, where they can benefit from a variety of functions and services. Users thereby gain access to answer sheets and other support functions/services for their lessons. In exceptional cases, the SNB may also allow other persons to use functions and services in the password-protected area of iconomix.ch.

Any such use is limited to the intended purpose. Users undertake to use iconomix.ch exclusively in accordance with the law.

Use of iconomix.ch is free of charge, however the SNB may charge a fee to cover the costs of certain functions, services and materials. Games and other materials are currently only sent free of charge to active teaching staff working in Switzerland at the upper secondary school level. The SNB reserves the right to introduce a fee for this service in future to contribute to covering the costs.

Registration

Personal registration is required in order to use the password-protected area of iconomix.ch. Applications for registration are checked. User accounts will only be opened if the applicant can be unequivocally identified as a teacher working at upper secondary school level in Switzerland. The SNB is entitled to verify information provided by applicants. In particular, the SNB is entitled to consult with educational institutions in order to identify teachers. In exceptional cases, the SNB may also allow other persons to register as users of iconomix.ch.

These Terms of Use must be accepted in order for registration to proceed. Users do not have a legal right to use iconomix.ch. The SNB may permanently or temporarily deny users access to the secure area of iconomix.ch at any time and without stating reasons.

Registered users are responsible for all activities connected with iconomix.ch that take place via their user account. Users are obliged to keep their access data for the secure area of iconomix.ch confidential and to use them exclusively for their own teaching purposes.

Licence

The SNB grants registered users with a user account a non-exclusive, non-transferable, non-assignable, limited and personal licence to use the content, functions and services of iconomix.ch. The licence is limited to the respective scope of functions and services. All rights remain with the SNB. The licence terminates automatically if users violate these Terms of Use.

The licence is limited to use for teaching in Switzerland, however in exceptional cases, the SNB may also grant a licence to users abroad.

All rights to content on iconomix.ch made available by the SNB remain with the SNB or expressly named rights holders. Such content may be used in accordance with the licence granted.

Conduct of users

Users undertake to enter or publish only such data and content on iconomix.ch that comply with the law. In particular, users may not enter or publish any data or content that is offensive, discriminatory, harmful to business, or promotes violence; that is hateful, misleading, radically left or right wing, pornographic, racist, defamatory, breaches a person’s privacy or is injurious, sexist, indictable, unsafe or libellous. The use of iconomix.ch for advertising purposes is prohibited.

Guarantee and liability

The SNB seeks to ensure that the content on iconomix.ch is regularly updated and that site availability is high (‘best effort’). However, the SNB cannot guarantee that the content is up-to-date, accurate or complete, nor that iconomix.ch will be available at all times. iconomix.ch functions and services are offered on an ‘as is’ basis.

The SNB is liable exclusively for direct damage caused by its own grossly negligent or deliberate actions. Any further liability of the SNB for direct damage, in particular in the event of ordinary and slight negligence, is expressly and fully excluded. Any liability of the SNB for indirect damage and consequential losses, for claims made by other users or any third parties, and for loss of profit is expressly and fully excluded. Any liability for auxiliary persons is excluded.

The SNB shall not be liable if the obligations arising from these Terms of Use are only partially – or not fully – fulfilled due to force majeure. Force majeure includes, in particular, attacks and explosions, riots, wars and unrest, fires and lightning strikes, epidemics and pandemics, IT security incidents, magnetic storms, nuclear accidents, industrial action, the restriction or interruption of the electricity supply and telecommunications services, floods and other natural catastrophes as well as prohibitions ordered by the authorities. The COVID-19 pandemic is considered force majeure.

The limitation of liability pursuant to these Terms of Use shall apply irrespective of the legal grounds. Any further compulsory liability, in particular for gross negligence or intentional acts and in accordance with applicable data protection legislation, remains reserved.

Indemnification and release

Users are expressly and fully liable to the SNB and any third parties for all direct and indirect costs and for any damage caused by them as a result of breaches of these Terms of Use or any use of iconomix.ch that does not comply with the law. This liability applies irrespective of fault and includes indemnification for claims made by other users and any third parties. The users concerned shall indemnify the SNB against all claims made by other users and any third parties and shall undertake to bear all costs – including lawyers’ fees and court costs – as well as direct and indirect damage incurred by the SNB in this connection.

Final provisions

The SNB may amend these Terms of Use at any time and without stating reasons. Users shall be informed in an appropriate manner of any significant changes to these Terms of Use.

If any provision in these Terms of Use is found to be unenforceable, invalid or ineffective, the enforceability, validity and effectiveness of the remaining provisions shall not be affected. In such a case, the parties undertake to replace the unenforceable, invalid or ineffective provision with an enforceable, valid or effective provision that is legally and economically as close as possible to the original intention of the parties.

These Terms of Use are governed exclusively by Swiss law and the sole place of performance and jurisdiction is Zurich, where the SNB is domiciled. The United Nations Convention on Contracts for the International Sale of Goods (UN sales law) does not apply.