TERMS

General Terms and Conditions of Singleactive

1. Subject of this Agreement and T&Cs

These General Terms and Conditions govern the relationship between the user of Singleactive and Shared Emotions SA, hereinafter referred to as “Singleactive”.

Singleactive provides the member with a dating platform for making contact with like-minded people and with offers for leisure activities.

The member enters his or her own information on the platform and can query and view possible partners according to specified search criteria.

Singleactive also provides the member with a direct reservation system for tourist and cultural activities. On this booking platform you will find offers from third-party companies (external services) that offer services that are well suited for spending your free time together. Separate contracts are concluded for each of these additional activities.

2. Membership

Anyone who wants to become a member of Singleactive registers in advance on the Singleactive platform.

Only natural persons after the age of 18 can become members.

After registering, the member can provide information about himself and his own preferences and hobbies in the “My profile” section.

The member undertakes to provide only up-to-date and accurate information about himself/herself. This also applies to uploaded photographs, etc. Applications under fantasy names (pseudonyms), for third parties and under the names of third parties are not permitted, and Singleactive has the right to delete such entries immediately.

Likewise, a member may only open one membership account. If there is suspicion of several member accounts, Singleactive is entitled to delete them.

Membership is for private purposes only. Registrations for commercial purposes, illegal or immoral content or with such intentions will be deleted.

Registration must be made by the member. Registrations by marriage and dating agencies, similar companies or third parties are excluded.

3. Duration of membership

The member can choose the duration of the membership when registering. A few days before the expiration of the membership, the member will receive a notice that the membership will end and he can renew it. Membership can be renewed several times.

Membership is not automatically renewed.

4. Prices and Terms of Payment

The prices of the membership can be found on the Singleactive platform.

Subscriptions can be paid online with Visa or Mastercard, PayPal or Postcard via the secure Datatrans system. Otherwise, it is also possible to pay by bank transfer to the following bank account: Credit Suisse, Sierre, account number 0270-1477804-21, IBAN CH30 0483 5147 7804 2100 0 in favor of Shared Emotions SA

The member’s data will be activated after receipt of the credit card or bank credit. Usually within 48 hours of receipt of payment.

If the credit card credit is revoked or if the credit credit is not honored, the membership expires immediately and access to the membership account is excluded. The membership fee remains owed.

5. Content of Membership

With the membership, the member receives the right to use the Singleactive platform and the two different services of dating and activities and to make an indefinite number of queries about it and to get in touch with desired/specific members.
The tourist and cultural activities are offered and carried out by Singleactive’s partners in their own name.

The services of these third-party companies are not included in the Singleactive subscription price. The programmes and prices can be found in the individual tenders. When booking such an offer, the general terms and conditions for selected tourist and cultural offers of Shared Emotions SA must be accepted.

6. Members' duties of conduct

The members undertake to comply with the laws in force and to behave within the framework of good morals. These obligations concern one’s own information on the Singleactive platform, as well as the behaviour in contact with other members through the means of communication made available on the platform.

In particular, they undertake to protect the privacy of other members and to respect their wishes. In particular, not to harass you or to make indecent, offensive, racist, defamatory, etc. remarks or to disseminate corresponding content.

The member respects the privacy or intimacy of the other members and will not disregard or violate them in any way.

The member undertakes not to publish any information or photos about another member, directly or indirectly.
The member undertakes to answer questions about himself, his interests, leisure activities, etc. truthfully. This also applies to photographs, etc.
The member uses the Singleactive platform and the corresponding contacts, etc. exclusively for private purposes.
These rules also apply to meetings within the framework of Singleactive.

7. Data protection

7.1 Registration on the Singleactive Platform

By registering on the Singleactive Platform (Activities and Dating), you agree that your personal data will be processed in accordance with these Terms of Use and these T&Cs. Your personal data will be treated confidentially and will only be used in accordance with our Terms of Use and T&Cs.

Singleactive will process your data in accordance with the following provisions in order to be able to provide you with the agreed services. Your data under the heading “Information Profile” will be visible to all Singleactive members under an anonymized name (Identifiant). The user information such as first name, surname, e-mail and address will not be published. Your date of birth will not be published and will be edited to the extent that the indication of your age will be visible to other members.

You may transmit to us personal data that is particularly worthy of protection, e.g. if you provide us with information regarding religious or ideological views and activities, about your health or privacy, etc. By submitting such data to us, you expressly consent to the processing of such data in accordance with this Privacy Policy and our General Terms and Conditions.

Depending on the scope and type of data transmitted, a personality profile can be created. By registering with Singleactive, you expressly consent to the processing of your data within the framework of this Privacy Policy and the data protection details of our General Terms and Conditions.

If you participate in Singleactive activities, your data will be transmitted to the service providers to the extent necessary for the performance of the contract. These can also be located abroad, where the level of data protection can be lower than in Switzerland.

E-mail data will be treated confidentially and will only be stored to the extent necessary for the provision of Singleactive’s service or as required by law.

Singleactive is entitled to forward your data to authorities in the event of suspicion of a criminal offence or in pursuit of legitimate interests.

You have the right to inspect your data stored by Singleactive (security@singleactive.ch).

You can request the deletion of your data from Singleactive (security@singleactive.ch) at any time. Singleactive will delete the data to the extent permitted by law. If the data is deleted, Singleactive will no longer be able to provide you with any services.

If you have any questions about data protection, please contact:

security@singleactive.ch .

8. Intellectual property

The logos, domain names, drawings, texts, videos, music, etc. on the Singleactive website are protected by law. These intellectual property are owned by Singleactive or Singleactive is entitled to use it.

By registering with Singleactive, the member does not acquire any rights to use, copy, reproduce or otherwise use, etc., these logos, domain names, texts, videos, photographs, etc. This applies in particular, but not exclusively, to publication on other websites, on YouTube, etc.

The program used by Singleactive is protected by copyright. The Member is entitled to use this Program under this Agreement. This right of use automatically lapses upon termination of membership with Singleactive. The Member does not receive any rights to this Program, etc., other than those expressly stated in this Agreement. In particular, the member undertakes not to make, distribute or distribute copies of the program or parts thereof, to disassemble it into individual parts, to compile it or to “reverse engineer” the source code, etc.

9. Internet access

The member has the necessary equipment (hardware and software) to use the service of Singleactive. This also includes an internet connection. The corresponding costs are at the expense of the member.

The member protects himself to a sufficient extent against malware (viruses, etc.) when using the Internet.

10. Responsibility of the member

Each member is responsible for his or her own behavior and its consequences directly towards the other members and Singleactive.

11. Singleactive's Responsibility and Disclaimers

Singleactive provides its services under this Agreement. Singleactive does not guarantee a certain number of contacts.

Singleactive does not guarantee the uninterrupted availability of the “Singleactive System”. Singleactive is therefore not liable for the consequences that may arise from the interruption of the system, in particular not for direct or indirect damages, as well as for direct or indirect damages.

Singleactive is not liable for the consequences of virus and other attacks, Internet piracy, etc.

External links are provided as a service to members. Each member uses these links at his or her own risk. The owners of these external websites operate them under their own responsibility. Singleactive is not liable for the content or the availability etc. of external links.

Singleactive is not liable for the correctness and up-to-dateness of the data posted by the members and the consequences for their use. Likewise, Singleactive is not liable for the conduct of any kind of its members.

Liability for auxiliary persons and for its own slight fault on the part of Singleactive is excluded to the extent permitted by law. Likewise, liability for indirect, indirect or consequential damages is excluded.

Non-contractual and quasi-contractual liability is governed by the applicable legal provisions, whereby non-contractual and quasi-contractual liability is excluded to the extent permitted by law.

12. Term of Contract and Termination; Deletion of data

The contract with Singleactive is concluded for a fixed period of time. The member can renew the membership several times.

The contract ends automatically and without notice at the end of this contract period.

Singleactive has the right to terminate the contract without notice if the member does not comply with the obligations of the contract, in particular if the credit card credit is refused or revoked. In this case, the membership fee remains owed or is not repaid, not even pro-rata-temporis.

13. Modification of the General Terms and Conditions

The terms and conditions valid at the time of registration or subscription renewal apply. Singleactive reserves the right to revise these T&Cs, in whole or in part, at any time. When renewing a subscription, the member must accept the applicable terms and conditions.

14. Applicable law and jurisdiction

This contract and all legal relationships are subject exclusively to Swiss law (excluding any referral back and the “Vienna Sales Law” (CISG). The parties agree that the exclusive place of jurisdiction shall be Lucerne, Switzerland.

This choice of law and jurisdiction are subject to mandatory statutory provisions that cannot be contractually amended.

Shared Emotions SA

General terms and conditions for selected tourist and cultural offers of Singleactive

On the Singleactive platform, members and non-members of Singleactive can book selected tourist and cultural offers. The following provisions apply:

1. Booking platform

Singleactive provides tourism companies and cultural institutions with the opportunity to present their offers to Singleactive users on the Singleactive platform and to accept bookings (third-party services).

In exceptional cases, Singleactive offers such services in its own name. These are offered under the name “Singleactive-Leisure”. The following terms and conditions apply analogously to these services, unless there are special provisions for the single-active leisure offers.

Members and non-members of Singleactive can book these offers.

2. Conclusion of contract

The contract between the member of Singleactive and the selected tourist company or cultural institution is concluded directly between the member and the selected company.

Singleactive is not a party to this contract and is therefore not responsible for the correct performance of the contract by the selected company.

3. Terms of Contract

The contractual conditions of the various companies can be found in the respective tenders. If no information is found there, the following provisions apply.

4. Services

The services result from the tenders on the Singleactive platform and the confirmation of the booked company.

5. Payment

The terms of payment can be found in the respective tenders. At the time of booking, credit card details will be requested as security or debited directly (according to the payment conditions mentioned in the offer).

The booked company will send the member an invoice to pay for the booked services in accordance with the terms of payment or debit the price via credit card.

In the case of payment by credit card, the company will instruct Singleactive to make the debit.

If no payment methods are found in the tender, the booked services will be paid for as follows (by credit card or invoice according to the respective payment conditions):

Up to CHF 600.– total amount upon reservation
From CHF 601.– 30 % of the total amount upon reservation and balance 30 days before the date of the event

6. Cancellation of the booking

If the Member wishes to cancel the booking, he/she must notify the booked company directly and send a copy of the cancellation to Singleactive. The booked company is entitled to demand cancellation costs. These can be found in the respective advertisement. If the company has not listed any cancellation costs in the tender, the following rule applies:

Up to 30 days before the date of the event free of charge
29 to 21 days before the date of the occasion 25% of the total amount will be charged
20 to 14 days before the date of the event 50% of the total amount will be charged
Less than 14 days before the date of the occasion 100% of the total amount will be charged
In case of no-show or early departure, 100% of the total amount will be charged

The decisive factor for the calculation of the cancellation costs is the receipt of the written cancellation notification by the respective provider (the written cancellation notification can also be sent by e-mail or fax). For arrivals on Saturdays, Sundays or public holidays, the next working day is decisive.

In the event of a cancellation, the booked company may instruct Singleactive to charge the cancellation costs to the credit card.

7. Changes to bookings, changes to bookings

In the event of rebookings, changes to the booking, etc., the member will contact the booked company directly.

8. Liability of the booked companies

The booked company is liable according to its own general terms and conditions.

9. Data protection

The booked company is obliged to protect personal data in accordance with the applicable data protection regulations and its own General Terms and Conditions.

The information provided during the booking will be forwarded to the booked company so that it can provide the agreed services. If the company is located abroad, the level of data protection there may be lower than in Switzerland.

Under certain circumstances, the booked company or Singleactive may be obliged to transmit the data to the authorities due to legal provisions or official orders.

The credit data data is stored in the Secured Datatrans Payment System. The booked company can have the booked services or cancellation costs debited by Singleactive. In this case, Singleactive acts as an intermediary for the payment procedure.

Furthermore, the data protection provisions in the General Terms and Conditions of Singleactive apply.

10. Diligence of Singleactive in brokered services

Singleactive carefully selects the tourist and cultural services posted on its website. However, since these are offered and provided by third-party companies (third-party services), Singleactive cannot assume any liability for the correct performance of the contract by these mediated companies. This exclusion of liability includes both contractual and non-contractual or quasi-contractual liability.

11. Liability provisions for the services offered by Singleactive under Singleactive-Leisure

Singleactive is liable for the services offered by Singleactive in its own name under Singleactive-Leisure in accordance with the applicable legal provisions. Liability for auxiliary persons, its providers and for one’s own slight fault is excluded to the extent permitted by law. Likewise, liability for indirect, indirect or consequential damages is excluded.

Non-contractual and quasi-contractual liability shall be governed by the applicable statutory provisions, whereby non-contractual and quasi-contractual liability shall be excluded to the extent permitted by law.

12. Modification of the General Terms and Conditions

The terms and conditions for tourist and cultural offers valid at the time of booking apply. Singleactive reserves the right to revise these T&Cs, in whole or in part, at any time. Revised T&Cs will be accepted upon a new booking by the Member.

13. Applicable law and jurisdiction

This contract and all legal relationships with Singleactive are subject exclusively to Swiss law (excluding any referral back and the “Vienna Convention on Contracts for the International Sale of Goods” (CISG)). The parties agree that the exclusive place of jurisdiction shall be Lucerne, Switzerland.

This choice of law and jurisdiction are subject to mandatory statutory provisions that cannot be contractually amended.

Shared Emotions SA

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