General Terms and Conditions ETILE AG
1.2 ETILE AG provides a platform via the website www.yyy.com (hereinafter the "Website") on which Athletes and Sponsors can find each other and the Sponsors can pay their sponsorship contribution directly to the Athlete. The following General Terms and Conditions (hereinafter "T&C") govern the relationship of Sponsors as well as Athletes with ETILE AG and also the relationship between Sponsors and Athletes. Sponsors and Athletes are hereinafter jointly referred to as the "Users".
1.3 Acceptance of these T&C by users begins with the use of this website for all areas for which no separate registration or login is required. For those areas of the website for which the user is required to create a profile, acceptance of the T&C in the version valid at that time begins with registration, in particular with the placing of a cross associated with acceptance of the Terms of Use and the subsequent saving of the entry. Complete registration on the Website is possible only if the User is willing to acknowledge the Terms of Use by placing the cross associated with the acceptance of the Terms of Use.
2.1 Rights and obligations of ETILE AG
2.2 ETILE AG has the obligation to provide the website for its proper operation and availability. However, ETILE AG is entitled to temporarily shut down the website. This is particularly necessary for updating the web content and for server maintenance and checks. Users accept the temporary, even unannounced, shutdown of the website, especially if this occurs for the reasons mentioned above. ETILE AG will make every effort to carry out this shutdown only at times when the number of visitors is low. ETILE AG is not responsible for a shutdown of the website and thus also the failure of the query of the underlying database.
2.3 ETILE AG reserves the right to change the content offered on the website in whole or in part or to remove irrelevant information. ETILE AG decides independently on publication and removal of content on the website.
2.4 ETILE AG is entitled to receive 20% as compensation from each sponsorship amount that has been brokered via the website. For this purpose, it provides the athletes and sponsors with stripe bank accounts for the payment of these sponsorship funds.
2.5 ETILE AG reserves the right to revoke the access authorization of users of the website at any time by blocking the access data. A reason will be given to premium members. The revocation is possible in particular if the user has violated his duty of care in handling the access data, has violated applicable law in the use of the website or has engaged in data theft/data misuse on the site.
2.6 ETILE AG provides the sponsors with tax confirmations for the sponsorship payments processed via the website, which are in the name of the respective athlete concerned.
3.1 Athletes are required to update their profiles on an ongoing basis and keep them up to date.
3.2 The athletes are obliged to publish the logo of their sponsor on the website as soon as the sponsorship contribution reaches CHF 500.00. For a normal sponsorship during one year, for an event sponsorship until two weeks after the end of the event.
3.3 The sponsors are entitled to publish their logo on the website with the corresponding athlete as soon as the sponsoring contribution reaches CHF 500.00. In the case of a normal sponsorship during one year, in the case of an event sponsorship until two weeks after the conclusion of the event.
3.4 Users are required to open a stripe-bank account and to pay and receive sponsorship funds referred through the Website exclusively through this account.
3.5 Users are responsible for ensuring that their activities comply with local law and the regulations of the sports events. This also concerns the tax declaration of the sponsorships.
3.6 Users must keep their password for the website secret. The user is responsible for any damage resulting from misconduct in the form of passing on or otherwise disclosing the password. If the user learns that his password is being misused, e.g. by third parties, he is obliged to inform ETILE AG immediately in writing.
3.7 Users are prohibited from violating copyrights, proprietary rights or any other rights, from uploading viruses and other programs to the Site or any part thereof.
3.8 By registering, users agree to the privacy policy applicable to the website and to the use of their data.
3.9 The sponsors have the obligation to pay the agreed sponsorship amount to the athlete. The agreement with the athlete comes into effect when the sponsor triggers the corresponding sponsorship amount via the website.
4.1 ETILE AG is not liable:
5.1 ETILE AG is entitled to immediately exclude a user from the website if the user in particular:
6.1 The services provided by ETILE AG on the website may be terminated at any time. A reclaim of compensation to ETILE AG is thereby excluded. The termination of the user is done by requesting the deletion of his account to ETILE AG in writing or by email. It is without notice and without giving reasons. The termination is completed with the deletion of the account.
7.1 ETILE AG reserves the right to change the T&C applicable to the website. This applies in particular if a change is necessary due to the legal situation applicable at that time. By using the site, the validity of the T&C as amended from time to time is accepted.
8.1 The T&C and the entire legal relationship between the user and ETILE AG are governed exclusively by Swiss law.
8.2 Any dispute, claim arising out of in relation to this T&C shall be finally resolved by arbitration in accordance with Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The seat of arbitration shall be Zurich, Switzerland. The arbitral proceedings shall be conducted in English.8.3 Should individual provisions of the T&C be or become invalid, the validity of the remaining T&C shall remain unaffected.
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