General Terms and Conditions of Shared Emotions SA
1 Subject of this agreement and General Terms and Conditions
These General Terms and Conditions govern the relations between the member of Singleactive and Shared Emotions SA, hereinafter referred to as "Singleactive".
Singleactive provides the member with a dating platform to contact like-minded people and opportunities for leisure activities.
The member provides his details on the platform and can find and view potential partners according to the predefined search criteria.
Singleactive provides the member a direct reservation system for tourist and cultural activities. On this booking platform, offers from third parties (external services) can be found which provide services that are well suited for spending the leisure time. Separate contracts are signed for these additional activities.
Anyone wanting to become a member of Singleactive can register at www.singleactive.ch.
Members must be above 18 years of age and should be living in Switzerland or in the border areas.
After registration, members can add information about themselves and can also enter their own likes and hobbies in the section "My Profile''.
The member undertakes to only provide current and accurate information about himself. This also applies to the photographs, etc. Applications under fantasy names (pseudonym), for third persons and under the name of third persons are not allowed and Singleactive has the right to delete such entries immediately.
Likewise, a member may only open one membership account. On suspicion of multiple membership accounts, Singleactive has the right to delete them.
Membership is exclusively for private purposes. Registrations for commercial purposes, wrongful or immoral content or with other similar intentions will be deleted.
The registration shall be carried out by the member. Registrations by marriage and dating service institutions, similar companies or third parties are not permitted.
3 Duration of membership
The member can select the duration of the membership himself during registration. A few days before the membership period ends, the member receives a notification that the membership will end and that it can be renewed. The membership can be renewed several times.
Membership is not renewed automatically.
4 Prices and Terms of Payment
The prices of the membership are listed at www.singleactive.ch.
Singleactive would like to offer its services only to persons who want a reputable and quality service. For this reason it is not possible to create free profiles and to use the services of Singleactive for free. However, Singleactive offers the option to get a trial subscription for 14 days, the price of which will be charged once on the new subscription upon conclusion of a long-term subscription.
Subscriptions can be paid online with Visa or Mastercard, Paypal or postal card via the secure Datatrans system. It is also possible to pay via bank transfer to the following bank account: Credit Suisse, Sierre, account number 0270-1477804-21, IBAN CH30 0483 5147 7804 2100 0 on behalf of Shared Emotions SA
Member data is activated after the credit card entry or receipt of bank credit. The activation usually takes place within 48 hours after receipt of payment.
Upon revocation of credit card entry or if credit is not honoured, the membership expires immediately and an access to the membership account is no longer possible. The membership fee remains due.
5 Content of membership
With the membership, the member will have the right to use the Singleactive platform and the two different services dating and activities and to make an indefinite number of queries about them and to get in touch with desired/specific members.
The tourist and cultural activities are offered by the partners of Singleactive in their own name.
The services of these third-party companies are not included in the Singleactive subscription price. Programs and prices can be found in the individual tenders. When booking such an offer, the terms and conditions must be accepted for the selected tourist and cultural offers of Shared Emotions SA.
6 Rules of conduct of the member
The members agree to comply with all applicable laws and behave in the context of morality. These obligations also apply to the personal details on www.singleactive.ch and the behaviour via e-mail, chat, VoIP telephony, etc. towards other members.
In particular, they undertake to respect the privacy of other members and their wishes and in particular, not to bother them with contact requests, VoIP conversations or chatting etc. or not to make immoral, offensive, racist, disrespectful remarks, etc, or to distribute such content via contact requests, VoIP telephony, chat, etc.
The member shall respect the private or intimate sphere of other members and will not disregard or violate it in any way.
The member agrees not to publish any information about another member directly or indirectly.
The member agrees to honestly answer questions about himself, his interests, leisure activities etc. This also applies to photographs, etc.
The member uses www.singleactive.ch and the corresponding contacts, etc. only for private purposes.
These rules also apply to meetings arranged using Singleactive.
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 General Terms and Conditions. Your personal information will be kept confidential and used only in accordance with our General Terms and Conditions.
Singleactive will process your data in accordance with the following provisions in order to provide you the services. Your information under the heading "Information Profile" will be visible to all Singleactive members under an anonymous name (identifier). The user information such as first name, last name, 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 specification of your age will be visible to other members.
If you participate in the activities of Singlactive, your data, if required to fulfil the contract, will be forwarded to the service provider. These may be located abroad where the level of data protection may be lower than in Switzerland.
Chat and e-mail data will be treated as confidential and saved only to the extent when this is required for the provision of services by Singleactive or is prescribed by law.
Singleactive is entitled to transfer your data to the authorities in case of suspicion of a crime or the pursuit of legitimate interests.
You have the right to get an insight about the data stored on you at Singleactive (firstname.lastname@example.org).
You can at any time request the deletion of your data at Singleactive (email@example.com). Singleactive will delete the data to the extent permitted by law. Upon deletion of data, Singleactive cannot provide you its services anymore.
8 Intellectual property
The logos, domain names, drawings, texts, videos, music, etc. on the website of Singleactive are protected by law. This intellectual property belongs to Singleactive or Singleactive is entitled to use them.
By registering on Singleactive, no rights to use, copy and reproduce these logos, domain names, texts, videos, photographs, etc shall be entitled. This applies in particular but not exclusively to publishing on other websites, e.g. Youtube etc.
The program used by Singleactive is protected by copyright. The member is entitled to use this program within the framework of this contract. This right of use automatically becomes void upon the termination of membership with Singleactive. The member does not receive any more extensive rights to this program than what is expressly mentioned in this agreement. In particular, the member undertakes not to create, distribute or sell copies of the program or any part thereof, to disassemble it into parts to compile or to get to the source code through "reverse engineering", etc.
9 Internet access
The member has the necessary equipment (hardware and software) to use the service of Singleactive. It also includes an Internet connection. The costs are borne by the member.
The member protects himself to a significant degree against malware (viruses, etc.) during the use of the Internet.
10 Responsibility of the member
Each member is personally responsible for his behaviour and its consequences for other members and Singleactive.
11 Responsibility of Singleactive and liability exclusions
Singleactive provides its services within the framework of this contract, whereby it does not guarantee any specific number of contacts.
Singleactive does not guarantee the uninterrupted availability of the "Singleactive-system". Therefore Singleactive shall not be liable for the consequences that may result from the interruption of the system, in particular not be liable for direct or indirect damages.
Singleactive shall not be 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 its own risk. The owners of these external websites operate these on their own responsibility. Singleactive is not responsible for the content or availability of external links etc.
Singleactive is not liable for the accuracy and topicality of the data provided by the members and the consequences for their use. Likewise, Singleactive is not liable for the behaviour of any kind of its members.
Liability for auxiliary staff and for slight negligence on the part of Singleactive, to the extent permitted by law, is excluded. Likewise, the liability for indirect or consequential damages is excluded.
The non-contractual and quasi-contractual liability shall be governed by the applicable legislation, whereby the non-contractual and quasi-contractual liability is excluded to the extent permitted by law.
12 Duration and termination of contract; Deletion of data
The contract with Singleactive is concluded for a definite time. The member may renew the membership several times.
The contract ends automatically without notice after this contract period.
Singleactive has the right to terminate the contract without notice if the member fails to comply with the obligations of the contract, in particular if the credit card payment is denied or revoked. In this case, the membership fee remains due and it will not be repaid even as pro rata temporis.
Upon termination of the contract, the member loses the right to access his data and the data, to the extent permitted by law, is deleted.
13 Amendments to the General Terms and Conditions
The General Terms and Conditions provided upon registration and renewal of subscription apply. Singleactive reserves the right to revise these terms at any time partially or completely. Upon subscription renewal the member has to accept the applicable General Terms and Conditions.
14 Applicable law and jurisdiction
This contract and all legal relationships are governed exclusively by Swiss law (excluding a possible referral and the "Vienna Sales Convention" (CISG). The exclusive place of jurisdiction is Sion, Switzerland as agreed by the parties.
This choice of law and jurisdiction provision are subject to mandatory, contractually non-alterable law provisions.
Shared Emotions SA
General Terms and Conditions for selected tourist and cultural offers of Shared Emotions SA
On www.singleactive.ch the members of Singleactive can book the tourist and cultural activities specially selected for them. For this, the following provisions shall apply:
1 Booking platform
Singleactive provides tourist companies and cultural institutions the opportunity to present their offers to the members of Singleactive and to take bookings (external services).
In exceptional cases, Singleactive offers such services in its own name. These are offered under the name "Singleactive-Leisure". For these services the following conditions shall apply, unless there are no specific provisions for the Singleactive-leisure offers.
These offers can only be booked by the members of Singleactive on www.singleactive.ch.
2 Contract conclusion
The contract between the member of Singleactive and the selected tourist company or organisation or the 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 proper fulfilment of the contract by the selected company.
3 Conditions of contract
The contractual conditions of the various companies can be found in the respective offers. If there is no information given, then the following provisions apply.
The benefits arise from the tender on the Singleactive platform and the confirmation by the booked company.
The Terms of Payment can be found In the respective offers. Upon booking, credit card details are requested as security.
The company booked provides the member an invoice for payment of the booked services in accordance with the Terms of Payment or debits the price using a credit card.
When paying with credit card, the company asks for the credit card details.
If there are no payment arrangements in the tender, the booked services will be paid as follows (via credit card or invoice in accordance with the respective terms of payment):
• Up to CHF 600 - Total amount during reservation
• Above CHF 601 - 30% of the total amount during reservation and balance due 30 days before departure date
6 Cancellation of booking
If the member wants to cancel the booking, he must inform the booked company directly and pass on a copy of the cancellation to Singleactive. The booked company is entitled to demand cancellation costs. These can be found in the respective tender. If the company has not listed any cancellation costs in the tender, the following rules will apply:
• Up to 30 days before arrival datewithout cost
• 29 to 21 days before arrival date25% of the total amount will be charged
• 20 to 14 days before arrival date50% of the total amount will be charged
• Less than 14 days prior to arrival date100% of the total amount will be charged
• No show or early departure100% of the total amount will be charged
The important factor for the calculation of the cancellation costs is the receipt of the written cancellation notice by the respective provider (a written cancellation notice may also be sent by e-mail or fax). Upon receipt on Saturdays, Sundays or public holidays, the next working day shall prevail.
In case of cancellation, the booked company can ask for the credit card information through Singleactive so that it can charge the cancellation costs of the credit card.
7 Rebooking, changes in bookings
In case of changes made to booking etc. the member shall directly contact the booked companies.
8 Liability of the company booked
The booked company shall be liable in accordance with its own General Terms and Conditions.
The booked company is entitled to protect the personal data in accordance with the applicable data protection regulations and its own General Terms and Conditions.
Information submitted at the time of booking is transferred to the booked companies so that it can provide the agreed services. If the company is abroad, it may be that the local data privacy has a lower level than in Switzerland.
Under certain circumstances, the booked company or Singleactive may be required to transmit the data to the authorities due to statutory provisions or administrative orders.
The credit data information is stored in Tomas Touristic Online Management System. The booked company can ask for this information from Singleactive to debit the booked services or cancellation costs.
Furthermore, the data protection provisions in the General Terms and Conditions of Singleactive apply.
10 Care of Singleactive in selection of services
Singleactive carefully selects the tourist and cultural services activated on its website. Since these are offered and supplied by third-party companies (external services), Singleactive cannot accept any liability for the proper fulfilment of the contract by these companies. This exclusion of liability includes both contractual and non-contractual liability.
11 Liability provision for benefits offered by Singleactive under Singleactive-Leisure
Singleactive is liable for the services offered by Singleactive in its own name under Singleactive-Leisure according to the applicable legislation, whereby the liability for assistants and for their own slight negligence is excluded to the extent permitted by law. Likewise, the liability for indirect or consequential damages is excluded.
Non-contractual and quasi-contractual liability shall be governed by the applicable legislation, whereby the non-contractual and quasi-contractual liability is excluded to the extent permitted by law.
12 Amendments to the General Terms and Conditions
The General Terms and Conditions for tourist and cultural attractions valid at the time of booking shall apply. Singleactive reserves the right to partially or completely revise these terms at any time partially or completely. Revised terms and conditions are accepted by the member at the time of a new booking.
13 Applicable law and jurisdiction
This contract and all legal relationships are governed exclusively by Swiss law (excluding a possible referral and the "Vienna Sales Convention" (CISG). This choice of law and jurisdiction provision are subject to mandatory, contractually non-alterable legal provisions.
Shared Emotions SA