General Terms and Conditions for Commercial Users
- Date: August 2007 -
1. Scope
These General Terms and Conditions are the basis of and form an integral part of the contractual relationship between the Coach and Pamment Projects Ltd liab. Co, Zurich (hereinafter "Service Provider"). The Coach accepts these General Terms and Conditions as binding on him or her with the purchase of services from the Service Provider and/or the signing of a contract with the Service Provider.
2. Subject of the Contract
Subject of the contract between the Coach and the Service Provider is the presentation of the Coach and his or her services on the online-platform (hereinafter "Platform") in its respective availability and configuration operated by the Service Provider under the URL "http://www.lovebumble.com" (as well as „.ch", „.de", and „.at") to the Service Provider's customers. The use of the Platform and/or of data on other persons contained in the Platform for commercial purposes of any other kind by the Coach is explicitly prohibited.
3. Use of the Platform
The Coach may use the Platform in order to present his or her professional services in an unobtrusive manner. It is prohibited to the Coach to provide services via the Platform which are not explicitly envisaged by the Platform. In cases of doubt, the Coach is required to obtain information from the Service Provider. In providing his or her services, the Coach is obliged to respect all rules of law, morals, and public decency which explicitly or implicitly apply in Switzerland. The Coach explicitly accepts the Service Provider's right to assert observance of law, morals, and public decency by legal (such as immediate termination of the contract or criminal complaint) and technical means (such as banning of access or deletion of the account) available to the Service Provider and the Platform and to use its own concepts of decency and morals in doing so, as long as these concepts are within the legally allowed tolerance in Switzerland.
4. Fees
The Coach pays a fee to the Service Provider for the use of the Platform. The amount of the fee is determined by the fee published on the Platform at the time of the online application of the Coach. A fee is only due if the Service Provider decides, after having examined the submitted data, to accept the Coach for inclusion in the online directory of the Service Provider. The Service Provider is at liberty to refuse the inclusion of the Coach in the online directory or, in case of a positive acceptance decision, to refuse any use of the Platform until full payment of the agreed fee. Any reimbursement of paid fees in part or as a whole is excluded under any circumstances.
5. Data and Data Protection
The Coach is obliged to state all information about him or her and his or her company correctly and to keep it updated. The Service Provider is entitled, but not obliged, to verify this data with all appropriate means. The Coach is obliged to assist in such verification procedure within a reasonable limit.
Swiss Data Protection Law is applicable to all personal data made available to the Service Provider. The Coach acknowledges that persons from other countries, in particular also from countries with a lower standard of data protection than in Switzerland, may gain access to his or her data in the course of the use of the Platform and explicitly agrees to such use.
The Service Provider is entitled to transfer personal data of the Coach to other companies in the context of restructuring or mergers if the other companies undertake to abide by Swiss Data Protection Law.
6. Intellectual Property
For the duration of this contract the parties grant to each other free of charge a non-exclusive, worldwide, and irrevocable right for reciprocal use of their intellectual property published on the Platform, insofar as this is necessary in order to fulfil this contract.
7. No Warranty for Platform and Availability
The Service Provider does not warrant or covenant the availability and functionality of the Platform. The Service Provider is furthermore entitled to make changes to the Platform at any time without advance warning, to restrict availability of the Platform or to interrupt its operation temporarily.
8. Liability
The Coach is liable for all data transmitted by him or her to the Platform and indemnifies the Service Provider against any and all claims of third parties arising from violations of rights in relation to data submitted by the Coach.
The Coach is liable for all actions which are undertaken on the Platform under his identity (user name and password) and indemnifies the Service Provider against all claims arising from these actions.
The Service Provider's liability against the Coach is excluded insofar as legally possible and allowed.
9. Applicable Law and Place of Jurisdiction
The contractual relationships between the Coach and the Service Provider are governed by the laws of Switzerland under exclusion of conflict of law provisions. Exclusive Place of Jurisdiction is Zurich, Switzerland.