Terms and Conditions
Preamble

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 over60sdatingclub.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 over60sdatingclub.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 over60sdatingclub.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.





§3 Prices

(1) Registration on over60sdatingclub.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 outstanding liabilities despite due date and reminders sent by DATE4FRIEND, the user will be in default. The amount owed shall attract interest during the default period, and their liability shall be assigned to a collection agency. The debtor shall bear the costs of the collection agency.



§4 Contract period, notice period, cancellation

(1) The user of the free services is not bound to fixed terms. He/she can unsubscribe from over60sdatingclub.com at any time by deleting his/her profile.



(2) The user of a paid service (VIP membership) is entitled to terminate the contract with a notice period of 14 days before membership expiry. If he/she does not terminate the contract on time, the contract will be extended in line with the previous package chosen by the user.



(3) Termination of the fee-based contractual relationship (VIP membership) is only effective if it is made by express written declaration. The written termination should be sent by email to support@mycustomercare.ch. Alternatively the user may use fax (+41 (0) 41 508 70 94) or post. For a clear assignment and protection against misuse, the customer is required to legibly (UPPER CASE LETTERS) state at least his/her full name, the dating site used, his/her registered email address and user name in the termination letter. The user may use the cancellation form which includes all necessary information and contact details to simplify the termination.



(4) If the user has concluded a contract with a term of less than 30 days, he/she is entitled to terminate the contract at any time, contrary to the regulations in paragraph 2.





§5 Prohibition of commercial or business use

(1) DATE4FRIEND offers its services for private use only.



(2) The over60sdatingclub.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.





§6 Liability

(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 over60sdatingclub.com for another unauthorised or unlawful purpose. In cases of forbidden or unlawful use of over60sdatingclub.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.





§7 Privacy

The operator uses the personal data of the user only as described in these Terms and Conditions and in the Privacy Policy .

§8 Dispute resolution
The European Commission provides a platform for out-of-court online dispute settlement (OS platform), available at https://ec.europa.eu/consumers/odr/. We are neither required nor willing to participate in the dispute settlement process.

Right of revocation
You have the right to revoke this agreement within fourteen days without giving any reason.

The revocation period is fourteen days from the date of contract conclusion.

In order to exercise your right of revocation, you must inform us (date4friend AG, Bahnhofstrasse 16, 6300 Zug, Switzerland) by clearly stating your decision to withdraw from this contract (e.g. by post, fax or email).

To observe the revocation period, it is sufficient for you to send us the notice that you wish to assert your right of revocation before the expiry of the revocation period.
Effects of revocation
If you revoke this agreement, we shall repay to you all payments we have received from you, including delivery charges (except for additional costs arising from your choice of a different delivery method to the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which your revocation notice reaches us. Unless expressly agreed otherwise, we will use the same means of payment for your refund that you used to pay for your order; in any event, you will not incur any fees as a result of the refund.

If you request your service to start straight away, i.e. during the revocation period, and subsequently cancel, you must pay a reasonable amount corresponding to the value of the service already provided up to the date you inform us of your intention to assert your right of revocation.

At your express request, we will commence execution of the fee-based contract before the expiry of the revocation period, provided that you also agree that this will invalidate your right of revocation and confirm that you are aware of this.

To revoke the agreement, you can also use the following model revocation form.

To
date4friend AG
Bahnhofstrasse 16, 6300 Zug, Switzerland

Fax: +41 (0) 41 508 70 94
Email: support@mycustomercare.ch

I/we () hereby revoke the agreement concluded by me/us () for the purchase of the following goods()/for the provision of the following service ()

– Ordered on ()/received on ()
– Name of the customer(s)
– Address of the customer(s)
– Signature of the customer(s) (only for paper-based notification)
– Date

(*) Delete as appropriate.