Clubend Messenger

Terms and conditions

1. Conclusion of contract

The contract between Misch Services and the club owner is concluded when the club owner has sent the web registration form and when the club owner has prepaid the usage fee. There is no contract between Misch Services and a club member.

2. Obligations

Misch Services allows the club owner and the club members to use the webapp. By paying the usage fee the use of the webapp is ensured for one year. The number of webapp users at the same time is limited for each club.

3. Termination of contract

The contract expires at the end of the annual usage period. Before expiration the club owner has the possibility to pay for a next annual usage period. Misch Services can terminate the contract anytime without giving any reason. Contract termination by Misch Services leads to no claim of damage for the club owner.

4. Limitation of Liability

The liability of Misch Services for loss or damage of any kind is excluded, unless intent or gross negligence exists. Due to technical problems, which are caused by the webhosting provider, a telecommunications provider or an online payment provider, and computer system failure no damages can be claimed. The club owner and the club members are solely responsible for the content of their messages inside the webapp.

The passing of the club password is based on trust between people and basically can't be controlled. Misch Services is not liable for resulting problems e.g. too much or unwanted users of the webapp. The club owner has the possibility to set a new club password.

5. Privacy protection

Because the security of the data traffic can not be ensured absolutely, Misch Services is not liable for resulting damages. Especially there is no liability for acts of third parties through which the data has been changed, erased or otherwise damaged.

6. Severability clause

In the case that individual provisions of this contract, including this provision, become inoperative in part or in their entirety, or should there be gaps in the contract, the validity of the other provisions or parts of these provisions remain unaffected. In place of the inoperative or missing provisions, the corresponding legal regulations apply.

7. Applicable law and place of jurisdiction

For the legal relations between the club owner and Misch Services Swiss law applies. Exclusive place of jurisdiction for all claims is Arlesheim (Kanton Basel-Land, Switzerland). Mandatory rules of Swiss law and of international conventions prevail. In case of difficulty in interpretation of the terms and conditions the german version prevail.

8. Change of terms and conditions

Terms and conditions in the current version are applicable.

Last change of terms and conditions: 29th of march 2016

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Misch Services Terms