General terms and conditions
The portal webflirt is an offer of eruxo llc with headquarters at Hauptstrasse 46a, 8832 Wollerau in Switzerland (hereinafter also referred to as the "Operator" or eruxo). Customer service can be reached by telephone at +41 44 784 00 00. webflirt and its affiliated partner portals cooperate in such a way that they also make the profile data of the members of the respective other portal accessible to their respective members and enable them to contact the members of the respective other portal across services.
eruxo offers the portal webflirt via the domain https://webflirt.ch, via various other own domains as well as via the websites of cooperation partners in which the respective service is integrated - possibly also in an interface adapted to the graphical user interface of the websites of these cooperation partners. The sole operator of the portal webflirt is always eruxo, regardless of the distribution channel.
The following terms and conditions regulate, independent of the distribution channel, the conditions under which the use of the portal webflirt of the eruxo as well as the integration of profile data of the members registered with affiliated portals takes place.
VALIDITY, CONTRACTUAL PARTNER
The terms and conditions shall also apply if the portals are used from outside Switzerland. The contract is concluded with eruxo. eruxo alone is bound by these terms and conditions, even if the portals are integrated into the websites of cooperation partners or profile data of members who are registered with affiliated companies of webflirt.
SCOPE OF SERVICES - ESSENTIAL FEATURES OF THE SERVICE
- As the operator of the portal webflirt on the Internet, eruxo offers registered members access to a database through which they can get to know each other in order to build up partnerships and friendships. The database contains profiles and information about other members that the members themselves have hired.
- each interested one has the possibility of registering itself first free of charge and of creating thereby its own profile. However, persons who have not reached the age of 18 are not allowed to use webflirt.
- members have also the possibility to announce themselves for a liable to pay the costs membership ("PREMIUM membership") or to buy Credits. Additional functions are available to a paying member. A personal consultation or support by employees of the operator in questions about partnership and relationships is not part of the services.
- the members are expressly pointed out before the access to chargeable areas to the chargeability, the extent of the achievements and the payment modalities. After payment has been made, they can access these areas and use the extended functionalities.
- part of the service is, at the discretion of the operator, also to make the profile data accessible to those members who are registered with portals of companies associated with webflirt and to enable the corresponding members to contact the members of the other portal across services.
- the service also includes the following: The conversations exchanged via the website are stored for 12 months and then automatically deleted even if you remain a member. If a member actively unsubscribes from the service, the conversations are initially blocked for all participants and are also deleted after 12 months.
We will delete your profile and other data 12 months after closing your free account. Your free account will be closed if you either actively unsubscribe from the service or after two years from the last activity on the platform. For example, even after your paid membership has expired, you can still register again for a period of two years since your last activity and acquire a paid membership, your profile data including your bank details will be retained.
- the obligation of the operator to perform is limited to the activities mentioned in this article 2. The contract does not cover marriage mediation or marriage initiation.
STEPS TO CONCLUDE A CONTRACT, COMMENCEMENT OF THE CONTRACT
- After entering the personal data and the chosen method of payment, the member receives an overview of the order, which shows the selected duration of the membership with enumeration of the essential features of the service, the contact data, the billing address and the chosen method of payment. The member can recognize input errors before delivery of the contract explanation and correct with the help of the deletion and change function before pressing the "buy now" button at any time.
- After sending off his registration the member receives these terms and conditions together with a confirmation of receipt in text form.
- the contract between the operator and the member about a membership with costs comes off with the activation of the area with costs. The operator grants full access to the services only after receipt of payment.
- With the activation of the chargeable area by the operator, the term of the chargeable membership also begins.
- A contract according to paragraph 1 and 2 is only concluded if the member is at least 18 years old. The operator is entitled to demand proof of age from the member if there are justified doubts.
- The use of the Service within the scope of Art. 2 Para. 2 of these GTC is free of charge.
- further use of the Services is possible through the conclusion of a paid membership or the purchase of coins. The prices and payment modalities of the fee-based service can be viewed in the member area of the website webflirt. They will be indicated at the latest when the Member wishes to access chargeable services.
- all prices mentioned are final prices and therefore already include the legal value added tax.
TERMS OF PAYMENT
- the payment of the fee for the selected period must be made in advance to the operator without any deduction.
- The member has various payment options at his disposal. These are listed on the respective website.
Please contact us by e-mail. Your request can be processed very quickly if you are already a member and provide your membership number and email address. You will find this information under "Profile", "Settings".
MINIMUM TERM, AUTOMATIC RENEWAL, TERMINATION OF MEMBERSHIP
- the term of the paid membership (Art. 2 para. 3 of these GTC) shall be the term chosen for the first time.
- the paid membership at webflirt (premium membership) can be upgraded by the credits which offer further possibilities.
- The paid membership at webflirt is automatically extended by the duration of the originally chosen initial term (e.g. by three months if a three-month membership was chosen at the beginning). The basic remuneration selected when the first order was placed (i.e. remuneration without taking discounts or special offers into account) remains unchanged. An extension of the paid membership does not take place if the member cancels it in due time (Art. 8 Para. 4).
- the cancellation of the paid membership at webflirt can take place at the latest two days before the expiration of the validity period. The cancellation can take place
by cancellation button in the personal area of the member
via contact form on the website of webflirt
or in writing to eruxo llc, Hauptstrasse 46a, 8832 Wollerau, Switzerland.
- For the calculation of the contract period, months are not calendar months, but the period from a calendar day of one month to the same day of the following month (e.g. from 15 May to 15 June of the same year).
- After the expiration of the paid membership, the status of the member automatically changes back to free membership and the associated restrictions.
TERMINATION OF THE FREE MEMBERSHIP, EXTRAORDINARY TERMINATION
- The free membership according to Art. 2 para. 2 of these GTC can be cancelled at any time.
- the right to the extraordinary notice (the liable to pay the costs or the free membership) remains always untouched for both parties. The contract is extraordinarily terminable by the operator without keeping a period of notice, if the member with the registration and/or later change of its data intentionally wrong information makes or if it offends repeatedly despite warning against these AGB.
LIABILITY OF THE OPERATOR
- The operator cannot be held responsible for false statements in the profiles of other members, because the information provided by the members due to its extent can not all be verified. He assumes no liability for any misuse of information by other members or third parties, if the member has made the information himself accessible.
Furthermore, the operator is not liable for service failures for which he is not responsible, for example due to force majeure or technical faults on the Internet.
DUTIES OF THE MEMBER
- The member is solely responsible for the content of his profile and thus for the information he provides about himself.
- The member affirms that the data provided are true and describe him personally. The Contracting Parties agree that it is in the legitimate interest of the Operator to verify the accuracy of the data provided if necessary.
- The member undertakes not to pass on the data of third parties (including e-mail address) as his own. In particular, it undertakes not to disclose bank details or the credit card details of third parties.
- The Member undertakes to comply with the applicable laws when registering and using webflirt.
- The Member undertakes to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their originator. The same applies to names, telephone and fax numbers, residential addresses, e-mail addresses and/or URLs.
- further each member commits not to misuse webflirt, in particular:
- not to disseminate any defamatory, offensive or otherwise illegal material or information through the Service;
- not to use the Service to threaten, harass or violate the rights (including personal rights) of others;
- upload any data that contains viruses (infected software), or upload any software or other material that is copyrighted, unless the Member has the rights or permissions to do so;
- not to use the Service in any manner that adversely affects the availability of the Service to other Members;
- not to intercept or attempt to intercept any e-mail;
- not to advertise other, non-commercial contact portals (the advertising of other commercial contact portals is subject to the prohibition according to Art. 12 of these GTC);
- not to send chain letters;
- not to mention complete names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services or other Internet services in the personal description (profile);
- Not to pass on logins and personal passwords to third parties or share them with third parties.
- Failure to comply with any of the above conduct obligations may result in immediate termination of membership and may result in civil and criminal penalties for the Member. In particular, the operator reserves the right to exclude the member from the service if, in the opinion of the operator, immoral, obscene or politically radical content or photos are disseminated during registration or use of the service.
PROHIBITION OF COMMERCIAL OR BUSINESS USE, PROHIBITION OF SPAMMING
- The member affirms that he/she does not pursue any commercial and/or business intentions in connection with his/her membership. It undertakes not to use the contact portal for commercial or business purposes.
- a commercial or business use, to whose omission in the context of this contact portal the member commits himself, is in particular:
- the offer of goods or services of any kind against payment, the invitation to submit a corresponding offer or the reference to a corresponding offer accessible elsewhere (e.g. by reference to special Internet auctions);
- the advertising of commercial Internet sites, i.e. in particular such sites through which goods or services are offered against payment, which serve the presentation or advertising of companies or which advertise other commercial Internet sites (this applies in particular to advertising in the form of pop-ups, banner advertising or through specially highlighted or conspicuous links. In particular, an Internet page shall also be deemed to be commercial within the meaning of this provision if it links directly or indirectly to the commercial contact portal of another operator).
- the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) in the context of this contact portal;
- the establishment of contact for the purpose of subsequent profit making, in particular by subsequent reference to value-added SMS or 0900 numbers;
- the search for employees, models for agencies or paid service providers as well as
- the collection of profile data accessible within the framework of the portals or the request of data (e.g. telephone / mobile phone number) of individual members with the intention of commercial use, advertising or resale.
- the member undertakes to refrain from submitting advertisements in any form for commercial offers to other members of webflirt and not to send messages which serve a commercial purpose. This also applies in particular to the setting or naming of corresponding links in the data profiles accessible to other members or other members of the Service or to the sending of messages with the internal message exchange systems (e.g. chat, message dispatch, forums and data profiles).
- The member assures that he/she will not post any photographs or other works within the framework of this contact portal without being entitled to do so according to the relevant copyright regulations.
- the member grants the operator all non-exclusive, spatially non-limited rights to use the contents created and posted by him during his membership, including pictures, texts and videos, for the purpose of operating the service webflirt. The right to use the contents ends with the end of the membership. The member assures that the contents created and uploaded by him when using the service and their use within the scope of the above granting of rights neither violate copyrights nor other rights of third parties or other rights, and that he does not upload any photographs or other works within the scope of the service webflirt without being entitled to do so according to the relevant copyright regulations.
FURTHER INFORMATION ACCORDING TO DISTANCE SELLING LAW
- The language available for the conclusion of the contract is German.
- The text of the contract is not stored by the operator and is therefore not accessible to the member after the conclusion of the contract via the operator. These GTC can be saved or printed out at any time using the browser's print function (right-click, "Print").
CHANGES IN GENERAL TERMS AND CONDITIONS, PRICES OR SERVICES
- the operator is entitled to change these general terms and conditions, as far as essential regulations of the contractual relationship remain unaffected, the change is necessary for the adaptation to developments, which were not foreseeable at contract conclusion and whose disregard would noticeably disturb the balance of the contractual relationship. "Essential provisions" in this sense are, in particular, those concerning the type and scope of the contractually agreed object of performance and the term including the provisions on termination.
- the operator is entitled to change the object of performance as far as this is necessary for a valid reason, the member is not objectively put in a worse position compared to the object of performance (e.g. retention or improvement of access possibilities) and the object of performance is not substantially deviated from. A "valid reason" for changing the subject matter of performance in this sense exists if the subject matter of performance is adapted to technical developments, third parties from whom the Operator obtains advance services necessary for the provision of its services, change their range of services or legal provisions or court decisions make a restriction or extension of the subject matter of performance necessary. The operator is entitled to limit the scope of the content to be provided by a member by changing the subject matter of the service.
- The Operator is entitled to increase the agreed remuneration if this is done in order to pass on increased costs to the Member. The right to price adjustment covers in particular the case that third parties from whom the operator obtains the necessary advance services for the provision of the services owed under this contract increase their prices. Furthermore, the operator is entitled to adjust the prices accordingly in the event of an increase in value-added tax.
- according to art. 15.1 to 15.3 intended changes of the general terms and conditions, the object of performance as well as the subscription remuneration will be communicated to the member at least one month before they become effective by e-mail to the e-mail address indicated by the member. The member has a special right of termination at the time the changes take effect. If the member does not cancel in writing within one month of receipt of the notification of change, the changes shall become an integral part of the contract at the time the changes take effect. The member shall be specifically informed of this consequence in the notification of change.
- no ancillary agreements were made. In the event of the invalidity or partial invalidity of one of the provisions of these GTC, the validity of the remaining provisions shall remain unaffected.
As of January 2019