Sunrise T&Cs


Tellja Recommender T&Cs
for the "Recommend a Friend" Program of Sunrise Switzerland LLC
(Last updated in June 2016)


1. Contractual object
Tellja GmbH, Solmsstrasse 12, 60486 Frankfurt am Main (hereinafter: “Tellja”) operates an online digital recommendation system (hereinafter: “Tellja System) through which Tellja enables and processes the forwarding of recommendations by recommenders for products and services of advertisers, who are partners of Tellja, with the use of electronic means. Tellja deploys the Tellja System on the websites of advertisers, whose partner is Tellja. The Tellja System is designed for the advertisers to acquire new customers who purchase products and services of the advertiser due to individual recommendations sent over the Tellja System. The recommenders send their recommendations for a concrete product or a concrete service of the advertiser to an individual recipient via a Tellja interaction window integrated on the website of an advertiser (hereinafter: “widget“). Where a contract is concluded with a new customer following a successful recommendation as described in the following, Tellja will pay the recommender the pre-defined premium for the recommendation. A more detailed description of the Tellja System is available here. The Tellja Recommender T&Cs (also referred to as the contractual terms) govern the use of the Tellja System by the recommender.
Using the Tellja System is free of charge for the recommender; the recommender must merely bear the fees incurring for the Internet connection charged by the Internet access or service provider.

2. Contracting parties
The contracting party of the recommender is solely Tellja, not the advertiser. The recommender declares that he/she has reached the age of 18 and is resident in Switzerland. Furthermore, the recommender declares that he/she meets all further requirements for participating in the Tellja System in accordance with Section 3 of these Terms of Use.

3. Conditions for the participation in the Tellja System
Only natural persons who are resident in Switzerland and are acting on their own private behalf can be recommenders. A use of the Tellja System for commercial or business purposes is not permitted. Commercial or business purposes shall be deemed to exist in particular where recommendations are systematically made on a larger scale with the intention of regular profit realisation.

Further conditions:
· The recommender may not be employed at Sunrise Switzerland LLC.

4. Contract conclusion, premiums, free prize draws
4.1 A contract on the use of the Tellja System for the recommender to make a recommendation shall come into force when the recommender forwards the recommendation after completing the recommendation process in the Tellja widget.
4.2 The products and services for which premiums are available in the event of a successful recommendation as well as the type and scope of the premium are specified on the website of the advertiser. The premium can be a cash reward.
4.3 The authorised recipient is in all cases the recommender who has made a successful recommendation (see Section 13 below). The premium may, however, be paid to the new customer or another third party (e.g. beneficiary) within Switzerland if so instructed by the recipient, or in the event of cash rewards, be divided between the recommender and the new customer or a third party, provided that such an option is offered in the widget for the recommended products or services of the advertiser. The new customer or other third party, however, shall not acquire any direct claims against Tellja.
4.4 Bonus program for a number of successful recommendations: Where specified accordingly in the widget of the Tellja System, on the portal of the recipient or on the website of the advertiser, Tellja shall grant increased premiums (“bonus awards”) instead of the standard premiums if the recommender reaches or exceeds a certain number of successful recommendations in a period defined by Tellja, i.e. the bonus period. Bonus awards will be granted at the earliest with the second successful recommendation in the bonus period and can be staggered according to the number of successful recommendations achieved. The number of successful recommendations required for bonus premiums, the bonus period and the scope of the individual bonus premiums are specified in the Tellja widget, on the website of the advertiser or on the portal of the recipient. The beginning of the bonus period is determined by the date on which the recipient makes his/her first recommendation, regardless of whether the recommendation was successful or not. The bonus period ends with the expiry of the determined duration. The new bonus period will commence when the next recommendation is forwarded, provided that the bonus program is still in force when this occurs. The sequence in which the successful recommendations with the scope of the bonus program are accounted for depends on the release date of the relevant successful recommendation by the advertiser. The date on which the recommendation is made is not relevant. The implementation of a bonus program is left to the discretion of Tellja, and Tellja may change or discontinue a running bonus program at any time with future effect, whereby any ongoing bonus period shall not be affected by the change or termination.
4.5 Free prize draws: At its own discretion, Tellja may organise draws with non-cash prizes or vouchers among the recipients within a period pre-determined by Tellja. No costs will incur for the recipient by taking part in the free prize draw. This shall not affect any claims to premiums on the side of the recipient resulting from successful recommendation. When Tellja organises free prize draws, the particulars with regard to the eligibility to participate, the participation modalities as well as the prize draw deadline will be published on the website of the advertiser or in the widget/popup. Unless these state otherwise, the winners will be notified by Tellja by email and the prizes will be sent to the winner’s address in Switzerland specified on the portal within two weeks after the draw. The prizes cannot be paid out in cash. Winners, who do not communicate their delivery address for their prize within two weeks after expiry of the prize draw period, will be disqualified and Tellja will pick a new winner. There is no right of appeal. Apart from qualifying by making a recommendation, everyone can take part in the prize draws free of charge by sending a sufficiently pre-paid postcard under specification of his/her first and last name and postal address as well as the catchword “Member-get-member advertising prize draw at [specify the website organising the prize draw]“ to Tellja GmbH. Recommenders who do not want to take part in the prize draws, can revoke their participation in the free prize draws by sending an email to sunrise.en@tellja.ch.

5. Services and area of responsibility of Tellja
5.1 Tellja provides the Tellja System on an Internet server connected to the World Wide Web (www) for use by online access. The transfer point for the services provided by Tellja is the interface between the Internet server of Tellja and the public data network (World Wide Web). Where Tellja enables the use of the Tellja System within the scope of the social network Facebook and/or WhatsApp, Tellja shall not be responsible for the contents and availability of the features and functions provided by Facebook and WhatsApp or which are implemented over Facebook or WhatsApp or which interact with the Tellja System. This shall in particular apply to the use of Facebook dialogues. Tellja shall also not be responsible for any other measures by Facebook and WhatsApp which affect the Tellja System and the services of Tellja, e.g., restrictions in the terms of use, blockages by Facebook or WhatsApp. Tellja has no influence on the features, functions, measures and availability of Facebook and WhatsApp. Changes to the features or functions or other measures carried out by Facebook and WhatsApp may therefore affect, restrict or exclude the services of Tellja. In such cases, no claims can be brought forward against Tellja.
5.2 Tellja will take the usual technical and organisational security precautions and measures to protect the Tellja System against unauthorised access, viruses and other malware, as required in accordance with current technological standards.
5.3 Tellja shall not be responsible for the proper functioning of the facilities of the recommender or the World Wide Web, including the proper delivery of recommendations sent by email and WhatsApp messages.
5.4 Tellja manages, supervises and records the recommendations of the recommender by means of a recommendation code in the Tellja System (“sales-tracking code”), of which one is allocated to each recommendation. In the personalised area of the website which is protected by the password and User ID of the respectively registered recommender, Tellja will make the tracking data, i.e. the status of the recommendation, available for inspection by the recommender.
5.5 In addition, Tellja provides customer support services to answer recommender queries on the use of the Tellja System on the phone and by email during Tellja’s general business hours (Mo – Fr, 9.00 am – 6.00 pm, with the exception of public holidays in Hessen/Germany, Christmas and New Year’s Eve).
5.6 Tellja reserves the right to implement changes to the Tellja Systems in future. This shall in particular apply to changes based on Tellja’s obligation to implement statutory provisions or where the change of services results in only insignificant impairments for the recommender. Also, Tellja has the right to change the Tellja System if Tellja must adapt the Tellja System to amended requirements or conditions of Facebook or WhatsApp.
5.7 Tellja is entitled to assign third parties as agents – in particular technical and logistics services providers - for the provision of services in Switzerland and the Federal Republic of Germany.

6. Making recommendations
6.1 With the Tellja widget, the recommender can make recommendations for the acquisition of certain products or services released for recommending to recipients personally known to him/her. To do so, the recommender uses the Tellja forwarding process provided in the widget, which when carried out to the end, will send the recommendation to the recipient by email or WhatsApp message. Unless otherwise specified in the widget, recommendations shall expire after 30 calendar days after being forwarded by the recommender. If no order is placed during this period, the recommendations will expire.
6.2 The recipient of the recommendation may only be another natural person. It is not permitted to make a recommendation for oneself.
6.3 Prior to sending a recommendation, the recommender is obligated to ensure that the recipient has given his/her consent to receiving recommendations by email or WhatsApp message. The email or WhatsApp message recipient must give his/her advance express consent to receive such recommendations. The recommender must be able to provide evidence for the existence of such a declaration of consent for receiving recommendation emails/WhatsApp messages if so requested by Tellja. Tellja points out that the forwarding of unsolicited advertising by means of electronic communication (“SPAM”) is prohibited by law and the recommender must therefore refrain from sending such messages within the scope of this contract.
6.4 The recommender is obligated to include such data in the recommendations as required for the recipient to be able to clearly identify the recommender as the sender of the recommendation.
6.5 Emails must contain the following standard elements: (1) Information on the recommended product or services including a link to the website of the advertiser and (2) notes to the recipient on the further procedure and use of his/her data. In addition, the recommender can also include a personal message to the recipient. When sending WhatsApp messages, the recommendation link displayed in the widget and a supplementary personal message to the recipient of the recommendation can be included in the WhatsApp application.
6.6 The recommender is instructed that he/she must complete the information requested in the widget (especially the sender and recipient data) with due care. Erroneous entries may cause that the recommendation cannot be sent to the recipient or that it can no longer be associated with the recommender. Wrong entries in the data fields shall be to the detriment of the recommender.

7. Registration of the recommender; use of the Tellja recommender portal
7.1 After forwarding the first recommendation, the recommender will receive an email from Tellja with access information for the “Registered members” area of the recommender portal on the Internet, which is where the recommendations are managed. The recommender can check, change and delete his/her personal data on the recommender portal, peruse statistics made available by Tellja, manage recommendations and make new recommendations. The recommender must register at the recommender portal by entering the required mandatory data (name, address, email address, domestic bank details for cash premiums) so that Tellja can supply the premiums in the event of a successful recommendation (see Section 13 below).
7.2 Every recommender is allowed to register in the recommender portal only once. The authorisation to use the portal is personal and cannot be assigned to others.

8. Rights to the Tellja System and the contents posted by Tellja or third parties, permission to use, confidentiality
8.1 Regardless of the way they are made available, the Tellja System and all contents posted by Tellja are protected, in particular by copyright. All rights to the Tellja System and the contents posted by Tellja or third parties shall remain with Tellja or the third parties and their respective licensor. Tellja permits the recommender to use the Tellja System and the provided management functions and contents in accordance with their intended purpose and within the scope of the contract. The right of use shall end upon termination of the contract. No further rights shall be granted to the recommender. The recommender is in particular not entitled to duplicate or distribute the Tellja System or parts thereof as well as the contents of the system or make these available to third parties unless this complies with the intended use of the Tellja System.
8.2 The recommender is obligated to treat all parts of the Tellja System and other contents strictly confidential and to use them only for implementing the contract and not to disclose them to third parties. The confidentiality obligation shall not apply where Tellja has given its consent to the disclosure or if the relevant parts of the Tellja System or other contents are already public knowledge prior to disclose. The confidentiality obligation shall continue to apply after termination of the contract and remains in force as long as the information remains confidential.

9. General obligation of the recommender
9.1 The recommender is obligated to use the Tellja System only in accordance with the contract. He/she must truthfully provide all data requested by Tellja in the widget and specified as mandatory for contract implementation. An anonymous use of the Tellja System or the use of pseudonyms is not permitted. Changes to personal data or other mandatory data which are required for the implementation of this contract must be updated unrequested and without delay by the recommender or communicated to Tellja by email to sunrise.en@tellja.ch.
9.2 In the event that the new customer or a third party has earned a premium, the recommender must get his/her consent for the collection of the data (first and last name, bank details, delivery address) required for Tellja to grant the premium.
9.3 All passwords issued by Tellja as well as other access data must be treated strictly confidential and may only be applied for the contractual use of Tellja services; they must furthermore be adequately protected from disclosure and use through unauthorised parties. It is not permitted to forward passwords or access data or make them available to third parties. After registration, all passwords issued by Tellja must be immediately changed by the recommender into an own, secure password in order to protect the access to the member area. The password must consist of at least 10 characters, uppercase and lower case letters, figures and special characters. It is recommended to change the password regularly (at least every 3 months) in order to ensure the required level of safety. If the recommender finds out or has reason to believe that passwords have been disclosed to third parties, he/she must notify Tellja promptly. In this case, Tellja will immediately supply a new password.
9.4 The recommender is responsible for the unauthorised use of the Tellja Systems enabled by using his/her password, unless he/she can prove that the password was protected from authorised use according to contract.
9.5 The recommender is not permitted to bypass or disable any security measures implemented by Tellja, change Tellja contents or link the Tellja System to other contents, websites or services, unless this is expressly permitted within the scope of the intended use of the Tellja System. If the recommender becomes aware of any faults to the Tellja System, Tellja must be promptly notified by email.
9.6 The recommender must ensure that his/her technical infrastructure is adequately protected from unauthorised use, virus attack and faulty operation and that the technical infrastructure constitutes no risk for the technical facilities of Tellja.
9.7 Tellja points out that the use of the Tellja system via the social network Facebook and/or WhatsApp is subject to the applicable terms of use, and other terms and conditions and directives of Facebook and/or WhatsApp, on which Tellja has no influence.

10. Unauthorised use of the Tellja System, prohibition of abuse
10.1 The recommender may use the Tellja System only in accordance with the applicable law and in accordance with these terms and conditions and within the scope of the contractual purpose. The recommender in particular undertakes,
· not to use the Tellja System for his/her own advertising purposes and commercial offers or for illegal or immoral contents,
· not to change the contents provided by Tellja or third parties, including the information of the advertising party regarding the recommended products or services, copyright notices or notes by the author (it is however permitted to include additional own information within the scope of personal messages by the recommender to the recipient of the email or WhatsApp message),
· not to post any links to websites or contents outside the Tellja System,
· not to conduct any actions which oppose the normal, private use of the Tellja System.
10.2 The recommender is not permitted to use the Tellja System for brokering contracts with new customers by means of unlawful or contract-breaching methods, in particular deception, fraud, force or threat towards the recipient of the recommendation; this includes concealing the fact that the recommender will receive a premium for successful recommendations.
10.3 The forwarding of own recommendations (e.g. to another email address of the recipient) is not permitted.
10.4 The fake of contract conclusions with new customers or successful recommendations, for instance by using false data, the unauthorised use of third party data or technical manipulation of the Tellja System is also prohibited.

11. Consequences resulting from breaches of duty by the recommender or unauthorised use
11.1 In the event that the recommender uses the Tellja System in a way that breaches the contract, Tellja is entitled to exclude the recommender from the further use of the Tellja System and to block the access to his/her account. The recommender will receive an email notifying him/her about the locked user account; he/she then has the opportunity to comment. Any already forwarded recommendations will be processed by Tellja according to contract, including the issue of any due premiums, unless the recommender has not objected to the use of his/her data.
11.2 Further rights of Tellja, in particular termination rights and damage claims shall not be affected by the above.

12. Interruptions of service
12.1 Tellja is entitled to interrupt the provision of its services if
· urgent work must be carried out on the Tellja System which can only be carried out by interrupting the services and where the interruption is only of insignificant duration; or
· the interruption is required for general reasons which are not in the control of Tellja; or
· Tellja is obligated to comply with an order passed by an authority or court making the provision of services inadmissible or impossible; or
· there is reasonable suspicion that the facilities of the recommender or use of the Tellja System by the recommender carry or give rise to a risk of damages for Tellja or third parties. This also includes the risk of virus distribution or network overloads due to unauthorised use; or
· the recommender is in material breach of contractual duties; or
· the operator of Facebook or WhatsApp prohibits the further use of Facebook or WhatsApp or features of Facebook or WhatsApp for recommendation marketing by Tellja, where the use of the Tellja System is made available via Facebook or WhatsApp.
12.2 Tellja will notify the recommender with regard to the expected duration of the service interruption within the scope of the recommender portal in advance or in any case as soon as possible and give the opportunity to comment.
12.3 This shall not affect any statutory rights of retention.

13. Premiums, distribution
13.1 The recommender will receive the premium specified in the widget of the Tellja System for a successful recommendation. The premium is success-related. Tellja grants no further remuneration.
13.2 A successful recommendation is a recommendation which a recommender forwards to a recipient for certain products or services released for recommendation on the website of the advertiser using the Tellja-Systems and which leads to the conclusion of a remuneration-based contract between the advertiser and the recipient of the recommendation over the specifically recommended product or service and where the following conditions have been met:
(1) The recipient of the recommendation is a natural person and a new customer for the advertiser.
(2) The order is placed online within 30 calendar days after the forwarding of the recommendation email or WhatsApp message directly after clicking the link contained in the recommendation email or WhatsApp message.
(3) The contract with the new customer comes into force within 180 calendar days after the recommendation by electronic means (online acquisition).
(4) The new customer does not make use of the right to withdraw from or return the product after contract conclusion.
(5) The ordered product or service is activated by the new customer and
(6) the causal correlation of the recommendation for the conclusion of the new customer contract can be established through the cookie placed by Tellja at the recommendation recipient’s device or in the case of recommendations made via Facebook through a distinctive allocation ID issued by Facebook.
A new customer is the purchaser of recommended products or services who has maintained no contractual relationship with the advertiser concerning the recommended products or services during the three months prior to the conclusion of the new customer contract and who is not the recommender.
In reference to condition (6), the Tellja expressly points out to the recommender that the recipients of emails can deactivate the cookie function in their system, making a tracking impossible. In this case, the recommender cannot claim a premium as Tellja cannot trace the success of the recommendation by its own means. The recommender is instructed that he/she must ensure that the recommender has not deactivated the cookie function in his/her system.
Apart from that, Tellja points out that Tellja can only allocate recommendations made via Facebook to new customer contracts if Facebook provides Tellja with a distinctive allocation ID. If this does not occur, the recommender will not be entitled to a premium as Tellja cannot trace the success of the recommendation by its own means. Tellja cannot influence whether Facebook provides the allocation IDs; this lies in the sole discretion of Facebook.
Recommendations made via WhatsApp shall only be deemed successful if the recipient of the recommendation calls up the online advertisement of the recommendation email by clicking on the link and places an order via the provided link.
13.3 Brokering activities with regard to new customer contracts which violate the prohibitions of abuse in Section 11 of these Terms and Conditions cannot lead to a successful recommendation and shall not constitute a claim to a premium.
13.4 Tellja informs the recommender retroactively on a monthly basis by publishing the status of his/her recommendations as tracked by Tellja in the Tellja System; especially with regard to whether recommendations have been successful or not.
13.5 Tellja will grant premiums for successful recommendations in the month following the confirmation of the successful recommendation through the advertiser. In general, the confirmation takes 6 – 8 weeks after release of the recommendation by the advertiser.
13.6 Due to the circumstance that Tellja is currently paying the premiums from Germany in euros, there may be a slight rounding difference to the communicated CHF amount. Where a SEPA transfer to the bank account of the recommender is possible, the credited premium will amount to no less than the communicated CHF amount; where, however, the premium cannot be transferred by SEPA, additional bank fees may be due which is why the CHF amount effectively credited to the specified bank account may be less than the communicated CHF amount.

14. Term and termination of the contract
14.1 The contract comes into force with the forwarding of the first recommendation by the recommender and is concluded for an indefinite period. It can be regularly terminated by each party with a notice period of three (3) work days. The right of termination for important reasons shall remain unaffected. Terminations can be made in writing by letter or email. Notices of termination by the recommender must be addressed to the following email address at Tellja: sunrise.en@tellja.ch. Notices of termination by Tellja will be sent to the most recent email address of the recommender in the portal. If the recommender has not registered, Tellja can use the email address for termination purposes used by the recommender for forwarding recommendation.
14.2 Tellja will deactivate and delete the personal portal area of the recommender and block the access of the recommender to the Tellja system after the complete termination of the contractual relationship, unless the recommender requests an earlier deactivation and deletion or blockage of his/her data.

15. Data privacy
15.1 Tellja collects processes and uses personal data in accordance with the statutory provisions to the extent necessary for the implementation and execution of the contract between Tellja and the recommender. Tellja collects processes and uses the name, address, email address, password and bank details of the recommender for the purpose of concluding and implementing the contract to enable the recommender to use the Tellja System and to establish the entitlement of the recommender to take part in free prize draws organised by Tellja. Apart from the above, Tellja collects, processes and uses usage data (the forwarding of recommendations and the forwarding times of the successful recommendations as well as recommended products) in order to be able to perform the forwarding and establish the eligibility of the recommender to receive premiums. For the purpose of forwarding the recommendation, Tellja will also collect, process and use the email address of the recipient. Where required, Tellja will process and use the aforementioned personal data for checking the eligibility of recommendations on side of the recommender. This may occur within the scope of a granted declaration of consent – where applicable – or based on the statutory authorisation to pass on personal data (name, postal address and the product or service recommended by the user with the relevant advertising date and order ID) to the advertiser. In the event that the recommender has determined other recipients to receive the premium, Tellja will collect, process and use their first and last name, address – and for cash awards also their bank details – for the purpose of issuing the premium. In addition, Tellja records and processes the accesses of the recommender to the protected portal area of Tellja, exclusively for the purpose of privacy monitoring, data backups and for ensuring the smooth operation of the data processing system. Tellja reserves the right to entrust third parties with the provision of services and to provide these with the personal data to the extent required. The personal data will be passed on to no other third parties, unless this is permitted in accordance with statutory provisions or if the recommender has agreed to this. Where the recommender has provided data on a voluntary basis (for example within the scope of the administration of his/her recommendations in the Tellja System or the address book function), these will be only stored within the scope of the function provided by Tellja, however not used by Tellja. The recommender shall remain responsible for such data and can delete it himself/herself at any time. Provided on a voluntary basis, Tellja specifies such data as optional information for the implementation of the contract. After the termination of the contract, the data of the recommender which needs to be stored for legal reasons will be locked. This data is neither processed nor used for any other reason other than that of the previously mentioned legal reasons. Otherwise the personal data is deleted, unless its further processing and use has been expressly agreed to by the recommender. Tellja will use the personal data for other purposes only if the user has given his/her consent to this.
15.2 Where the recommender makes recommendations using Facebook, the following applies in addition: The social network Facebook, www.facebook.com, is operated by Facebook Inc., Menlo Park, 1601 Willow Road, California, USA and https://de-de.facebook.com, by Facebook Ireland Limited, Hanover Reach, 5 - 7 Hanover Quay, Dublin 2, Ireland. Through the use of the Tellja System over Facebook, connections are made to Facebook servers by means of dialogues provided by Facebook and information from the computer of the user is transferred to Facebook. This information includes the IP address, technical information on the computer of the user as well as the URL of the website in which the Facebook dialogues are integrated. Which Facebook dialogues are used, can be checked out at https://developers.facebook.com/docs/sharing/web/. If the user is simultaneously logged into Facebook, Facebook can allocate this information with the Facebook user account. The same shall apply to the use of information generated by the use of Facebook dialogues. Facebook collects, processes, uses and transfers such data in accordance with the Facebook privacy guidelines which can be called up on the Facebook website and which contain further information on the privacy protection options of the user. This can involve a transfer of personal data to the USA or a third country in which no adequate protection of personal data can be ensured. Tellja has no influence on the transfer and use of the data by Facebook.
15.3 Where the recommender makes recommendations using WhatsApp, the following applies in addition: WhatsApp, http://www.whatsapp.com, is operated by WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, California, 94041, United States of America. WhatsApp collects, processes, uses and transfers the information in accordance with the WhatsApp privacy Policy which is available on the website of WhatsApp and contains further information on privacy protection options of the user. This can involve a transfer of personal data to the USA or a third country in which no adequate protection of personal data can be ensured. Tellja has no influence on the transfer and use of the data by WhatsApp.
15.4 More information on data privacy at Tellja is available at „https://www.tellja.eu/ch/“ or by clicking on the “Privacy Policy” link in the widget.
15.5 At request, Tellja provides the recommender with information on the personal data stored on him/her. Please send your queries to sunrise.en@tellja.ch.

16. Liability of Tellja
16.1 Tellja is liable – irrespective of the legal grounds – in cases of intent and gross negligence as well as personal injury and in accordance with the Product Liability Law. When assigning agents, Tellja shall assume liability in cases of intent.
16.2 Apart from the above, Tellja shall exclude any liability – to the extent permitted by law.
16.3 Facebook is not a vicarious agent of Tellja. Tellja assumes no liability for measures and decisions by Facebook.
16.4 WhatsApp is not a vicarious agent of Tellja. Tellja assumes no liability for measures and decisions by WhatsApp.

17. Final provisions
17.1 The recommender is not authorised to assign any contracts concluded with Tellja either as a whole or individual rights and obligations hereunder to third parties to third parties in full or in part without the consent of Tellja.
17.2 Tellja can make changes to these Terms and Conditions at any time with future effect. Tellja will notify the recommender of such changes four weeks before they come into force. In the event that the recommender does not agree to such changes, he/she can terminate this contract with a notice period of (3) workdays in writing by letter or email to sunrise.en@tellja.ch.
17.3 Should one or several provisions of this contract be or become invalid or if the contract contains a loophole, this shall not affect the effectiveness of the remaining provisions. The invalid clause must be replaced by a provision which comes as close as possible to the initially intended purpose.
17.4 The contractual relationship is governed by Swiss law under exclusion of UN sales law (CISG). Place of jurisdiction is Zürich.