General Terms and Conditions of Business of SportsNow GmbH

Last amended: May 2018


Introduction

SportsNow GmbH („SportsNow") provides visitors with the option to book sports, fitness and health offers online via the internet platform www.sportsnow.ch, and any kind of fitness, health, exercise and sports service providers to present their offers.

These General Terms and Conditions of Business („GTC") represent the license agreement for using the website http://www.sportsnow.ch („website") and the SportsNow app („app"). The license agreement is concluded between SportsNow as operator of the website or app and the registered users („user") and/or the registered provider from the sports, fitness, exercise and health sector („provider"). Any kind of use of the website or app against and/or without charge shall be governed by these GTC.


1. General

1.1 SportsNow is an internet booking platform enabling any kind of fitness, health, exercise and sports service providers („providers") to present themselves and their offers. SportsNow also offers online customer management and administration functions to the providers.

1.2 SportsNow enables the users to find providers and/or their offers via the website in the vicinity of any location determined by them, compare them and obtain information about their offers. In addition, SportsNow provides the users with the option to book and pay appropriate courses/offers online.

1.3 In addition to operating the website, SportsNow also performs marketing services for the providers. For this purpose, SportsNow provides the visitors with access to information of a provider and its offers. SportsNow does not check the contents and information made available by providers on the website. In particular, SportsNow does not verify the lawfulness, completeness and accuracy of contents of the providers. SportsNow does therefore not assume any guarantee for the accuracy of the registration data, offers and information of providers.


2. Registration and account opening

2.1 Using the website requires prior registration and opening of an account („user account"). There is no right to use the website or open an account.

2.2 The registration data required by SportsNow shall be submitted truthfully and completely. In particular, users and/or providers must not impersonate any other person or use a name they are not authorised to use. SportsNow is entitled to delete user accounts under a wrong name, pseudonym, etc. Changes to the registration data shall be notified to SportsNow immediately online via the user account.

2.3 SportsNow does not assume liability for damages resulting from a wrong and/or untrue or incomplete registration/account opening.

2.4 Opening several user accounts for the same natural or legal person is not allowed. The user account cannot be transferred.


3. Booking procedure (booking and acceptance of services via the website)

3.1. Bookings, payment transactions and the cancellation of services have to be performed using the forms provided by SportsNow for this purpose. SportsNow does not assume liability for damages resulting from any failure to use the corresponding forms.

3.2 Booking of an offer/service is performed using a corresponding booking mask on the website and is submitted by clicking the button “Confirm”.

3.3 The provider may set participation requirements for the user in its solicitations. The user is responsible for complying with and observing these conditions. The provider reserves the right to exclude the user from participation if the user does not fully comply with the conditions. Possible contractual refund claims shall be agreed between the provider and the user. SportsNow does not assume any liability in this connection (cf. Article 4 of these GTC below).

3.4 The provider of the service shall accept the booking, submit a confirmation or refusal and any other information via the SportsNow platform. The user is responsible for keeping his or her contact details up to date and checking his or her user account regularly for messages.

3.5 Cancellation of a booked service shall be made via the SportsNow platform using a corresponding form (cf. Article 3.1 above) and is handled in accordance with the contractually agreed modalities between the user and the provider. SportsNow does not assume any liability in this connection (cf. Article 4 of these GTC below).


4. Legal relationship with SportsNow (Contract conclusion under agency relationship)

4.1 SportsNow provides the website as booking platform (agency platform). SportsNow itself will in no way become a party to the contracts concluded by the users and the provider between themselves via SportsNow („agency relationship"). SportsNow acts exclusively as an agent between the user and the provider of the service.

4.2 The provider shall perform the agreed services to the user in its own name and for its own account. Contracts under an agency relationship shall be performed exclusively under the contractually agreed modalities between user and provider. Any claims against SportsNow resulting from the agency relationship, such as warranty claims, etc. are excluded.

4.3 SportsNow is not liable for outstanding payments from users for booking any offers of the provider.


5. General obligations of providers

5.1 The provider is responsible for the lawfulness of its offers, which have to fit the categories provided by SportsNow (fitness, health, exercise and sports) regarding their contents. SportsNow is entitled to delete any published offer with wrong, illegal and/or immoral content personally and without prior notification.

5.2 The provider is not allowed to inform the user without his or her express consent about further offers using the contact details obtained via SportsNow, for example with newsletters or e-mail circulars.

5.3 The provider warrants that it holds the appropriate rights to all contents (such as texts, images, etc.) it publishes on the website. In case of violation of the intellectual property rights of a third party, the provider undertakes to indemnify SportsNow against any claims asserted by a third party.

5.4 The provider warrants that it fully complies with the current data protection regulations of the EU and Switzerland. In the case of a violation of data protection regulations, the provider undertakes to indemnify SportsNow fully against any claims asserted by a third party.


6. Liability of SportsNow

6.1 SportsNow is liable exclusively for its own actions and those of its vicarious agents (auxiliary persons) and regardless of the legal cause only for intent and gross negligence. However, liability for indirect damages, consequential damages and lost profit is excluded in any case.

6.2 SportsNow does not assume liability for damages caused by computer viruses, spyware and other damages caused by computer programmes.

6.3 SportsNow does not assume any liability or warranty to the user or provider and any third party for orders and services placed in the name and for the account of the user and/or a provider to the third party.


7. Availability and maintenance of the website

7.1 SportsNow assumes no responsibility that the website will be fully available at any time. In addition, SportsNow assumes no responsibility for the accuracy of the information submitted by the members.

7.2 SportsNow is entitled without prior notice to reduce the services to a reasonable extent and for the maintenance, security and integrity of the server capacity and for performing technical measures. SportsNow is obligated to perform these measures while taking into account the justified interests of the users and providers.


8. Conditions for PREMIUM use

8.1 Providers have the option to benefit from PREMIUM use via SportsNow with additional services of SportsNow. Use of the PREMIUM offer is subject to a fee (usage fee), and the current prices indicated on the website shall apply.

8.2 The PREMIUM use may be terminated by the provider at any time. Possible advance payments for the monthly usage fee will not be refunded.


9. Payment methods

9.1 The payment of the products offered on SportsNow can be settled by invoice or with a credit card accepted by SportsNow. SportsNow has the right to levy surcharges of up to 3 % on certain means of payment. In order to protect the credit card data, the transfer of data takes place in encrypted form.

9.2 In general, the payment of the products offered on SportsNow is immediately due for payment. As a basic principle, the invoices for the usage fee are immediately due for payment and can be paid only using the payment methods accepted by SportsNow. Invoices sent by e-mail or mail have to be paid within 30 days from the invoice date. If the provider fails to make the payment within the payment period or at the separately agreed payment dates, it shall pay 8% default interest after a warning has been issued. The right to claim compensation for further damages is reserved. In addition, the provider shall pay a dunning fee of CHF 10.- to SportsNow.

9.3 SportsNow offers the supplier or the user the option to save their bank data in order to make future payments on the website easier and quicker. In order to make this possible, the supplier or the user must:

  • • have settled their last payment on the website or the app and by credit card

  • • have enabled the option “Save this information for future orders” on the page with the credit card payment

  • • enter their credit card data (all details which are entered on the payment page are encrypted and safe)

  • • validate the payment

As soon as the payment has been validated, the details on the order (address and shipping method), on the invoice and on the used credit card are registered. The credit card data of the supplier or the user are not saved by SportsNow but by our payment provider on protected servers.

9.4 The supplier or the user can agree to the storing of their credit card data during the payment process and can therefore exclusively make future purchases on the website with one click by credit card in CHF without entering their bank data again.

9.5 The security code of the credit card can still be requested for security reasons.

9.6 The supplier or the user always has the option to delete existing credit card data and/or add a new credit card by clicking on the designated link in the section “My payment methods” under “My account”.

9.7 SportsNow reserves the right to verify the personal data indicated by the supplier or the user and to take all measures which are deemed necessary in order to ensure that the person whose bank account is charged corresponds with the person who has placed the order. This helps to avoid payment fraud (see suppression of credit card fraud).


10. Copyrights, trademark rights and other property rights

10.1 All rights to the information, elements and contents of SportsNow (except the information, elements and contents according to Article 9.3 below), including the trademark rights, copyrights and other property rights contained therein, are the property of SportsNow, or are subject to usage rights granted to SportsNow by third parties.

10.2 It is strictly forbidden to reproduce, disclose, modify and/or link any information, elements and contents SportsNow in any form SportsNow for public and/or commercial purposes without the prior express written approval of SportsNow.

10.3 By providing data and/or information on SportsNow, providers and users grant SportsNow the right to process and use them in any way. SportsNow does not obtain any rights beyond this.


11. Deletion/Exclusion of providers and users by SportsNow

11.1 SportsNow is entitled at any time with immediate effect to prohibit any user and/or provider from using the website in its entirety or parts thereof by blocking such user and/or provider, if there is a legitimate interest. As a general rule, a legitimate interest for blocking exists if any member misuses the website, uses the website for other purposes than those intended, violates these GTC or the law.

11.2 SportsNow is entitled to delete offers infringing these GTC or other principles for the posting of offers.


12. Deletion of user accounts by the user and/or provider

Users and providers are entitled to delete the user account with SportsNow at any time with immediate effect.


13. Data protection

SportsNow informs the supplier or the user that the data recorded when concluding the agreement are collected, processed and used for the implementation of obligations and that they can be used for marketing purposes. Data necessary for service fulfilment can also be transferred to contracted service partners or other third parties.

The privacy policy of SportsNow published on www.sportsnow.ch shall apply as amended. The current privacy policy can be found here.


14. Modifications/Amendments of the GTC

SportsNow reserves the right to modify these General Terms and Conditions at any time. The current version of these General Terms and Conditions can be found on the website of SportsNow (www.sportsnow.ch).


15. Applicable law and place of jurisdiction

15.1 These GTC shall be governed by Swiss law.

15.2 Exclusive place of jurisdiction for all legal disputes between the contractual parties shall be the courts of the city of Bern.