Terms
Scope
The General Conditions regulate the contractual relationship between the customer (hereafter „user“) and the operator Swissmatch AG (hereafter «service provider») regarding all online products and services offered by the service provider («online offerings»). Strictly applicable, so far as these general conditions do not deviate from the legal document on simple contract according to the Swiss Code of Obligations (art. 394ff). By building a new profile and acceptance of the associated general conditions the newly created profile between the service provider and the user will be goverened completely by the main general conditions as set out here.
Online Provision
The type and amount of the online provisions are goverend by the provisions at the time of entry of the customer. Persons under 16 years of age, as well as those who are acting for a third party (agent), are excluded from online provisions. The service provider reserves the right to make changes, or reject/suspend, a profile, without having to give a reason, when a new profile is put in place. In particular, a profile which simply links to offerings or a profile on another site, will not be published. In the event of us having suspicion of a breach of law, against the here presented General Conditions of Service, contravention or immoral use of the online provision, the customer's access will be suspended without further notice. The same applies to the unauthorised use of the personal data of others. The Service Provider abides by the advice of appropriate authorities. The following content in particular is not permitted:
- - Advertising, commercial promotions in profiles, responses for commercial purposes on promotions and profiles, in particular
- - Profiles which are placed by an agent or given under contract from a third party (agent)
- - Contacts from profiles through an agent or from people contracted by them
- - Prostitution or advertisements in profiles for financial purposes or offers
- - Men, who pass themselves as women, then revert
- - Offensive, immoral or injurious content
The Service Provider forbids the publication of personal contact information such as, e.g., email and postal addresses, telephone numbers, URLs etc., in all publicly viewable profile fields. In particular, it is forbidden to publicise any precise information on the location of commercial partners. Also forbidden are the publication of personal contact information, the use of numerical codes, cyphers and other numerical input in a short-text message.
A part of this provision is pay-only. The prices are given in the service description ("How it works").
Deleting of profiles
The Service Provider reserves the right to delete without comment any content and corresponding profile which is found to be illegal, against these General Terms of Service, or contains immoral content. Membership, which depends upon a profile deleted by the Service Provider because of a breach of rules, will be forfeited without compensation.
Security
Entry to most services of the Service Provider is protected by password and username. The user is responsible for keeping their password secret, and responsible for all entry into their account, and all activities that take place as a result of entry; in particular, for profile content, and for all further resulting data contribution. In particular, he guarantees the legality, correctness and currency of this data. He is obliged to inform the Service Provider immediately on suspicion of misuse by a third party. The Service Provider cannot in any way be held responsible for the misuse of a user account.
Responsibilities
Payment for paid-for services is dependent on the chosen payment method via various third-pary companies. The Service Provider has no influence on this process. Refunds will in no way be provided; exceptions to these rules are accounting errors due to technical reasons. Should problems be encountered with financial transactions or suspicion of false accounting, the user should immediately inform the Service Provider's customer service.
Data Protection
The Service Provider collects data only insofar as it is necessary and processes it with care. Blease read our data protection statement regarding this. The Service Provider abides by the terms of the data protection laws, but cannot completely guarantee the truthfulness, integrity, authenticity or availability of personal data. The user understands that personal data is also available in countries which do not recognise any data protection laws comparable to that of Switzerland. The Service Provider accepts no responsibility for unauthorised obtainind of personal user data by a third party. Aggregated and anonymised data may be passed on to third parties.
Revision, interruption and cessation of online provision
The Service Provider reserves the right to adapt the online provision for technical upgrade, or to alter it due to other circumstances. Such changes may effect users who have pre-paid for services, but not yet used all services for which they have paid. They will not qualify for a price reduction or refund. In principal, the online provision is available 24 hours a day. The Service Provider cannot however guarantee availability. In the case of a temporary outage, the customer's entitlement to pre-paid, but not yet used services remains. There is no entitlement to refund or compensation. The Service Provider reserves the right to cease the online provision. In this case, the customer will be reimbursed for pre-paid, but unused, services. In the case of a justified suspicion of illegal or immoral use of the online provision by the user, the Service Provider may terminate the contract. In such a case, no claim for compensation by the customer will be possible.
Liability
The user is liable to the Service Provider, its associates, workers and helpers for all damages resulting from the use of the online provision, regardless of who is to blame. Should the Service Provider, its associates, workers or helpers be legally prosecuted by a third party or associate as a result of the use of the online provision by a user, the user shall, as far as is legally possible, indemnify the Service Provider, its associates, workers and helpers against all third party claims, and will be liable for the resulting legal and other costs. The user is required, in the event of a third-party notice, to enter a process. Any liability of the Service Providerm its associates, workers or helpers is precluded, as far as legally permitted. In particular, liability is not applicable for availability, correctness or completeness of the online provision, for damages in connection with the use of access through someone other than the registered named person, and for illegal and immoral acts of other users.
Closing Statement
The Service Provider reserves the right to upadte or change the general conditions of service at any time. In case of invalidity or inefficacy of certain points, the remainder retain their validity.
Swiss law applies, Jurisdiction is Zug.
The Service Provider nevertheless reserves the right to claim its rights in the country or location of the user or other appropriate authority.
Zug, 22 July 2006
