General Terms and Conditions
The english
translation is no alternative for the german original
terms of services. You will find the german terms in
the link of the german flag!
1. subject matter of a contract
1.1 The following conditions describe the conditions of usage of swiss refresh GmbH’s
provided software. By including the use of the software the
user acknowledges that
terms and conditions and becomes a part of the contract
between the user and
swiss refresh GmbH.
1.2 These terms and conditions of swiss
refresh GmbH may be changed at any time.
Changes
will be communicated to the user in each case two weeks before the date
via e-Mail. If the user do not agrees to the changes, he can
terminate the
contract with swiss GmbH refresh
and possibly get a refunds of paid fees proportionately.
1.3 swiss refresh GmbH is entitled to services
provided by third parties
2. Deploying the software / usage
2.1 swiss refresh GmbH provides the user with
the software for personal and private use
on their mobile phone. The user legitimates itself for the
use of the software
by a user name and a password. This data is automatically
created by swiss refresh GmbH.
2.2 Each user can perform a maximum of 250 searches for each month.
2.3 The User undertakes that he does not download files which are found by
the swiss refresh software, if he
knows or must assume that these files
are illegally offered. swiss
refresh GmbH only offers a search service
itself and provides no files available for download to
mobile phones.
swiss refresh GmbH has no control
and no way of monitoring for files or
content found by query.
2.4 swiss refresh GmbH assumes no liability
for the timeliness, completeness or accuracy
of information transmitted software and files, their timely
and accurate technical
transfer, or the running ability of software and files on
the mobile phone of the user.
3. Personal data
3.1 swiss refresh GmbH does not collect any
personal data and manages the relationship with
the user only with the help of user name and password of the
user.
3.2 The queries will be registered only for statistical purposes and to
improve the results
without connection to the requesting user.
4. Limitation of Liability
4.1 swiss refresh GmbH shall be liable for any
legal reason only for intent and gross negligence.
In
case of violation of essential contractual obligations is liable swiss refresh GmbH,
however, for any culpable conduct of its employees and
agents. Where permitted, the liability
of swiss refresh GmbH of amount
shall be limited to typically foreseeable damages at contract
conclusion.
4.2 swiss refresh GmbH handles the queries
under inclusion of third-party systems, and assumes
no liability for the continuous availability of services.
Temporary failure of the system
is no claim for reimbursement of paid fees.
4.3 swiss GmbH refresh points in the search
results via hyperlinks to other pages, or files of
third parties. swiss
refresh GmbH has no influence over the content and design. These links
are only access to third party content or products. For the
form and content of these linked
sites / files swiss refresh GmbH
assumes no liability. If swiss refresh GmbH gets
knowledge that
pages or files are not applicable with law, swiss refresh GmbH will remove the corresponding
hyperlink from search results after examining the situation.
5. Duration and Termination
5.1 The contract is valid for the duration of the use of BitJoe software.
5.2 Any termination for cause shall be reserved.
6. Severability
6.1 If any clause in these Terms in whole or in part, is or becomes
invalid, the validity of the
other terms will be unaffected. The ineffective provision
shall be replaced by one
which has the meaning and purpose of the ineffective
provision in a legal way.
6.2 If you have any questions about the Terms, please contact
6.2.1 Via mail to:
swiss refresh GmbH
Moserstr. 48
8200 Schaffhausen
Switzerland
Handelsregister-Nr.:
CH-290.4.016.165-3.
7. Revocation
7.1 The User may cancel the contract within two weeks without giving
reasons in writing
(eg letter, e-mail). The period
begins with this instruction. The revocation period
is sufficient to send the revocation to:
Or via e-mail to widerruf.bitjoe@gmail.com
Mail:
swiss refresh GmbH
Moserstr. 48
8200 Schaffhausen
Switzerland
7.2 The withdrawal falls away if the user has used the services of
swiss refresh GmbH by
sending queries.
8. Applicable Law Jurisdiction
8.1 This contract is where a choice of law is permitted exclusively by
Swiss law.
8.2 The parties agree on the courts at the seat of swiss
GmbH refresh of jurisdiction.