These General Terms and Conditions (GTC) govern the contractual relationship between the provider (date4friend AG, Bahnhofstrasse 16, 6300 Zug, Switzerland, hereinafter DATE4FRIEND) and users of aussie-cougars.com, regardless of whether the use is free or paid, or whether the use is inside or outside Switzerland. Users’ divergent terms and conditions will not be accepted.
DATE4FRIEND reserves the right to change its General Terms and Conditions retroactively without giving any reason. If this right is exercised, users will be provided with the new General Terms and Conditions by email at least two weeks prior to their entry into force. If the user does not object to these new General Terms and Conditions, the amended terms shall be deemed to have been accepted. DATE4FRIEND is entitled to terminate the contractual relationship with the user without notice if the user exercises their right of objection. In the event of a change of the General Terms and Conditions, however, DATE4FRIEND will remind the user of the possibility to terminate without notice when the new terms are sent.
§1 Object of the contract
(1) The object of the contract is the use by registered users of the services provided by DATE4FRIEND on its website aussie-cougars.com. Use is only available to consumers aged 18 and above. Minors are not allowed to use it.
(2) DATE4FRIEND allows users to access its service with free registration, which allows the user to create a profile on a contact platform, to partially view other profiles, and to send messages to users.
(3) In addition to the free use of the platform, the user is free to purchase paid VIP membership with which he/she can read received messages without limitation, call up his/her profile visitor list and view other profiles in full.
§2 User obligations
- see also content provider & usage policy
(1) The user is obliged to keep confidential the emails and other messages or data of users that he/she receives in connection with the use of aussie-cougars.com, and to not make them accessible to third parties without the consent of their author. The same applies to the personal data of other users, in particular names, telephone and fax numbers, residential and email addresses and/or URLs. Forwarding any data of non-users is also prohibited.
(2) Furthermore, the user undertakes not to misuse the service offered by DATE4FRIEND, in particular
a) not use it to distribute defamatory, offensive, pornographic, racist or otherwise unlawful material or information;
b) not use it to threaten, harass or violate the rights (including personal rights) of others, or to promise or demand money or benefits in kind;
c) not upload data containing a virus (infected software) or containing software or other material that is protected by copyright or industrial property rights;
d) not use it in a manner that adversely affects the availability of offers to other users;
(3) Regardless of possible civil and criminal consequences for the individual user, intentional or grossly negligent failure to comply with any of the above behavioural obligations entitles DATE4FRIEND to terminate the contract with good cause, and to immediately block the access of the affected user. Alternatively, DATE4FRIEND is entitled to delete parts of the profile without prior consultation. Furthermore, DATE4FRIEND reserves the right to assert claims for damages.
(1) Registration on aussie-cougars.com is generally free of charge. Other functions can be unlocked by purchasing VIP membership.
(2) The prices for VIP membership, the method of payment as well as the duration of continuing obligations within the scope of these paid services are explained before use by the user.
(3) If the user does not settle an outstanding claim by the due date and despite payment reminders sent by DATE4FRIEND, they shall be in default of payment. The user shall bear the interest and costs incurred as a result of the default. These are in particular the costs of the reminders by DATE4FRIEND and the bank charges for a chargeback / credit card cancellation or a return debit note caused by the user. The user is at liberty to prove that DATE4FRIEND has not incurred any damage at all or that the damage is significantly lower than the flat rate. Conversely, DATE4FRIEND is free to provide evidence of higher damage. Due to the delay in payment, the outstanding debt will be handed over to a collection service provider. It is agreed that the user shall bear all costs incurred by the collection service provider for its activities.
§ 4 Contractual term and termination
1 The contractual services are provided by DATE4FRIEND for the duration of the contract, i.e. from the conclusion of the contract until the end of the contract.
2 The contract for a free membership is concluded for an indefinite period and can be terminated at any time without any time limits for termination.
3. The term of a paid membership (Premium) corresponds to the period shown in the package description or the period selected by the user when ordering the package (initial term). The initial term is a maximum of two years. If the membership is not terminated at the end of the initial term, the contract shall be extended for an indefinite period (contract extension). The period of notice, or, if a different period was stated when the paid access was purchased, for memberships with a term of no more than one month: 14 days, and for memberships with a term of more than one month: 30 days.
4. unless otherwise stated in the notice of termination, the free membership shall continue after the end of a premium membership and shall require separate termination. At the end of the membership, DATE4FRIEND will block the user's profile and process the data stored therein only to a limited extent. The data will be deleted as soon as there are no longer any legal retention periods and the data is no longer required for the assertion, exercise or defence of legal claims.
5 The right to premature termination for good cause remains unaffected. An important reason for termination may exist for DATE4FRIEND in particular if the user (a) defaults considerably or repeatedly or (b) violates other contractual obligations. If the important reason for termination consists of a breach of duty by the user, DATE4FRIEND can demand compensation for the premature end of the contract. This does not apply if the user is not responsible for the breach of duty.
6. The termination of the fee-based contractual relationship must be in text form in order to be effective. To ensure successful processing of the termination, the declaration should contain the full name, the service used, the e-mail address used for registration and the user name. The cancellation can be sent via e-mail to firstname.lastname@example.org. Alternatively, we also offer the termination of the fee-based contract by fax +41 (0) 41 508 70 94 or by post. For your convenience, we have provided a guide to save or print. It contains all the contact details and fields to be filled in in order to successfully terminate the paid contract. Please click here
to save or print the cancellation guide. The user's termination will be confirmed by DATE4FRIEND by e-mail to the address stored in the profile.
§5 Prohibition of commercial or business use
(1) DATE4FRIEND offers its services for private use only.
(2) The aussie-cougars.com communication platform may not be used to offer goods and services of any kind, to submit a corresponding offer or to refer to a corresponding offer obtainable elsewhere.
(1) DATE4FRIEND has no control over the accuracy and security of information exchanged between users or that users enter in their profiles. DATE4FRIEND therefore cannot accept any responsibility for this information. Liability for this is in any case excluded unless the resulting legal violations are brought to the attention of DATE4FRIEND. Even though this is not permitted, users may enter incorrect information or use aussie-cougars.com for another unauthorised or unlawful purpose. In cases of forbidden or unlawful use of aussie-cougars.com, any liability on the part of DATE4FRIEND is generally excluded until such use is reported to DATE4FRIEND. Furthermore, DATE4FRIEND accepts no liability for the accuracy of the created user profiles and their evaluation in terms of compatibility with other users.
(2) Average annual availability is 99.5%. DATE4FRIEND assumes no liability for the uninterrupted availability of the system and for system-related failures, interruptions and faults in the technical equipment and service of DATE4FRIEND, insofar as DATE4FRIEND is not responsible for it. In particular, DATE4FRIEND shall not be liable for disruptions in the quality of access to the service of DATE4FRIEND due to force majeure or due to events for which DATE4FRIEND is not responsible, in particular the failure of communication networks and gateways. Furthermore, a
(3) DATE4FRIEND is only liable for damages in cases of intent and gross negligence of its organs, employees and vicarious agents, and only in the relationship in which these contribute to the origin of the damage in relation to other contributing factors.
(4) DATE4FRIEND is liable for simple negligence only to the extent that an organ, employee or vicarious agent of DATE4FRIEND has violated a contractual obligation. Material contractual obligations are those on which you can regularly rely or which make the execution of the contract possible. Liability is limited to typically resultant damage.
(5) This exclusion of liability does not apply in the event of damage due to injury to life, limb or health or for liability due to the lack of warranted characteristics and liability under the Product Liability Act.
(6) The user indemnifies DATE4FRIEND against all liability and all obligations, expenses and claims for damages caused by libel, insult, violation of personality by other users.
(7) Otherwise, liability is excluded.