This is just the translation of the original terms of service that is written in german. In case of conflicts between the german and the translated verison, the german version always dominates.
These terms of service („Terms“) apply to the access to the services provided by Sportin AG, Hinterdorfstrasse 6, CH-5644 Auw („Sportin“) and to their usage including websites (e.g. the ones running on the domains sportin.com, sportin.at etc.), sms, email, notifications, applications, buttons and widgets (so called „services“) and information, texts, grafics, photos or other media that is displayed via the services („content“).
Accessing the services requires from you as user („user“) that you accept these terms and that you stick to them. By accessing the services or by using them you hereby agree that you are legally bound by these terms.
These terms are available on all Sportin websites by following the link „Terms of service“ at any time for reading, downloading, saving and printing, also after contract formation.
Sportin offers two alternatives of use: a) People that want to be found, like athletes („Athletes“) and coaches („Coaches“), can come into contact with recruiters („Recruiter“), such as clubs, scouts, agents or other coaches, by providing their skills, achievements and characteristics via their profile („Profile“). A recruiter decides if he wants to come in contact with somebody by evaluating his profile. b) Recruiters can find candidates by entering skills, achievements and characteristics they are looking for and they will receive search results containing profiles that match their search or are close to it. Via the profiles of other users, recruiters can come into contact with people by sending a contact request (the „request“). The user that receives the request decides if he wants to react on that request and start a conversation with that particular recruiter or if he doesnt want to.
The main target of Sportin is to provide a platform that brings together athletes and coaches with recruiters and therefor users can access this platform to come into contact with each other, nothing more. Sportin does not participate in the communication that happens between users. In case users conclude agreements via the services, Sportin is not involved in that and therefore Sportin is not a contractual partner. The users are exclusively responsible for the execution and fulfillment of any contracts formed between them. Sportin is not liable if no contact ensues using the services. Furthermore, Sportin is also not liable for violation of duty of their users that occurs in contracts formed between users.
The user acknowledges the fact that a one hundred percent availability of the services cannot be guaranteed in a technical way. Sportin will endeavor to keep the services constantly available. However, events related to maintenance, security or capacity requirements and/or events beyond the control of Sportin (e.g. power failures) may lead to brief malfunctions or temporary interruptions of the services.
Sportin particularly reserves the right to change the offered services, to offer different service.
The user must register before making use of the services. Each user may only register once and may only record a single user profile.
By completing the registration process, the user submits an offer for the conclusion of the contract concerning the use of the services. Sportin accepts this offer by activating the services for this specific user. The agreement between the user and Sportin takes effect upon this acceptance.
When registering, the user chooses an individual login name and an individual password. The user is obliged to keep login and password confidential and to protect them from unauthorised third party access. Sportin will not pass on this password to third parties and will never ask the user for this password.
The user states that all information that he or she provides is true and complete. The user is obliged to inform Sportin about any changing concerning his user data immediately.
Sportin cannot verify with certainty whether a user registered in Sportin really is the person he claims to be and therefore Sportin gives no warranty regarding the real identity of the user. It shall therefore be the responsibility of each user to verify the identity of other users.
The user is obligated to ensure that all the information disclosed in its profile, its presentation of itself and its communications with other users, without exception, is correct and not misleading. Furthermore he is responsible to obey applicable laws and to not violate third-party rights.
Sportin is providing its basic services free of charge, except if you, as a recruiter, want to come into contact with either an athlete or a coach.
Costs for using charged services and payment methods are explained with the respective services.
The payment is due when the invoice is issued and has to be paid immediately without deducting discounts, expenses, taxes and fees of all types. You can pay using the provided online payment method. Payment reminders and any warnings concerning impending revocation are sent either electronically or by post. The invoice generated will be stored on our servers for a time frame of one (1) year to download them.
Principally recruiters need a membership to come into contact with candidates, no matter if a recruiter wants to continue a conversation or start a new one.
The membership starts with the first payment. Membership lasts for an undetermined period and the payment for the membership is charged on a monthly basis, in fact on the same day every month.
A membership can be terminated on a monthly basis. If a membership is canceled the termination date is the day before the next payment is due. A refund of already payed subscriptions is excluded.
Is the membership, for example, starting at the 1st of august, the first payment is due immediately. The following month the next payment is due, in this example on the 1st of september, 1st of october and so on. If the membership is canceled on the 15th of october the membership ends on the 31th of october.
Sportin shall take no responsibility for the data, information or contents created by the users or shown on any linked third party website and hereby excludes all liability. Sportin does not warrant that this content is true, will fulfill a particular purpose, or can serve such a purpose.
Entitlement to damage compensation - regardless of the legal grounds - against Sportin (or any legal representatives and agents) shall be excluded if they have caused as a result of simple neglect and they shall only apply, if an essential contractual obligation/cardinal obligation has been violated. An important contractual obligation exists if the breach of duty applies to an obligation upon whose fulfilment you had relied and should be able to rely. Claims for damages shall be limited to the amount of typical foreseeable damages.
Sportin is not liable if no contact or no transfer was established.
The user indemnifies Sportin against all claims, including claims for compensation for damages, that other users or other third parties make against Sportin due to the violation of their rights as a result publishing content on the Sportin websites. Furthermore, the user indemnifies Sportin from any claims, including claims for damages, which are asserted by other users or other third parties against Sportin because of a violation of their rights through the user's utilization of any of the Sportin services. The user will bear all reasonable costs incurred by Sportin on the basis of an infringement of third-party rights, including reasonable costs for legal defence. All further rights and claims for damages of Sportin shall remain unaffected. The user has the right to prove that the actual costs for Sportin are smaler.
Sportin observes all relevant international legal data protection specifications. The data that you provided is subject to the regulations of swiss law. Sportin will not disclose the personal data of users in particular to any third party or bring it to the attention of third parties otherwise.
Sportin reserves the right to modify or amend these terms and conditions at any time. The user will be informed in time about changes in the terms of service. Unless the user objects to the applicability of the new terms of service within six (6) weeks of notification, the amended terms of service shall be deemed accepted by the user.
The user may submit all notices to Sportin using the contact form accessible from any page of the Sportin websites or may communicate them by letter to Sportin. Sportin may send notices to the user by e-mail or post to the addresses given in the user's current contact data in his user account.
If a treaty provision or a provision in the terms of service should be totally or partly ineffective or become ineffective the validity of the contract or the terms of service shall not affect the rest. The ineffective provision will be replaced by an effective provision whose content in terms of its purpose comes closest to the purpose sought by the respective ineffective clause. This also applies analogously if the above provisions contain an unintentional gap.
These terms are subject to the law of Switzerland.
Effective from 2015-05-14