Terms and Conditions for the Partners of Pelsotec GmbH, the owner of fitCompass.ch

Last modified on: 09.06.2022

I. Introduction

This terms and conditions page outlines the additional rules and regulations for the use of Pelsotec GmbH‘s services provided for the Partners of Pelsotec through the platform located at https://fitcompass.ch/ (hereinafter referred to as “fitCompass”). These rules and regulations complement the General Terms and Conditions, the acceptance of which is a prerequisite for the preliminary Member registration that the Partner registration follows.

By registering as a Partner in the fitCompass platform we automatically assume that you accept BOTH the General Terms and Conditions and this Partner Terms and Conditions. Do not register as a Partner in fitCompass if you do not agree to accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You”, “Your” and “User” refers to you, the person reading the contents of or logged on to this platform and compliant to the Company’s terms and conditions. “The Company”, “Pelsotec”, “Ourselves”, “We”, “Our” and “Us”, refer to our company, Pelsotec GmbH. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Specific genders used herein are intended to apply equally to all. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

II. The Service

Pelsotec maintains the fitCompass platform where the users can book physical and mental fitness activities or buy fitness products. The users can browse the portfolio of activities and products without registration, but to be able to book or buy them, they need to register as Members. Providers (coaches, personal trainers and product providers) who want to sell activities or products in fitCompass need to register as Partners, after and in addition to, registering as Members. This way Partners can also buy other Partners’ services as Members with the same user account. Pelsotec acts as an intermediary for individual contracts concluded between the Members and the Partners.

III. Registration as a Partner

In fitCompass, every Partner is also a Member, but not every Member is a Partner. This means that to become our Partner, a user must first register as a Member, then log in to their Member account, and then request to become our Partner using the link provided there. We will then add Partner functionalities to the Member account (e.g. Partner Dashboard).

Coaches or personal trainers and product providers can register as Partners in a “self-service” mode online, by filling out the corresponding form and accepting the Partner Terms and Conditions on this page. Upon submitting the form, they automatically become a Partner and can start creating their online profile and adding their portfolio of activities or products. Once they publish their profile they can be found in the Partner search (“Browse our coaches”), and once they publish at least one activity or product it can be found in the activity or product search.

IV. Rights and benefits of the Partner

1. Each registered Partner receives partner access to fitCompass and a designated area called “Dashboard” where they can:
   • Manage their business information
   • Add, manage or remove their offered activities
   • Track and manage the orders they receive from Members
   • Follow their financials
   • Manage certain community features (e.g. reviews and questions received)
2. Based on the information they provide in their Dashboard, the Partner gets their individual profile page in fitCompass. This page will be shown to Members when the Partner appears in the search results based on the criteria that the Members apply, and when the Partner is selected from the search results. fitCompass does its best to make this page user friendly and optimized for search engines so that the Partner can focus better on their profession.
3. Based on the information provided in their Dashboard by the Partner, each activity will also have its dedicated page, which is also made user friendly and is optimized for search engines by fitCompass.
4. The Partner profile page also features all the activities the Partner has added through their Dashboard. These activities can be found and eventually booked by the Members both from the Partner profile page and directly from an activity search.
5. fitCompass handles the entire process of booking and purchasing an activity or product, from providing the templates for the Partner to build their and their activities’ profiles to making this information searchable for Members, to enabling the Members to book and pay for the purchased item.
6. The Partner can also use a calendar in their fitCompass Dashboard to follow the bookings they receive from the Members.

V. Obligations and responsibilities of the Partner

1. The Partner is liable for the correctness of all the business information they provide during the registration and later in the Dashboard.
2. The Partner is liable for the visual and textual content and information they provide about themselves and the activities or products they offer, and they warrant that this content and information does not violate any copyright or other laws.
3. The Partner is liable for the availability and the successful delivery of the activity or the product the Members purchase from them. When the Members cancel the purchase according to the corresponding cancellation policy, the Partner must accept the cancellation and refund the purchase price according to the refund policy.

VI. Pricing and payment

1. fitCompass charges the Partner a monthly fee for the provision of the benefits listed under point 4 on this page. This fee is invoiced to the Partner on the last day of every calendar month the Partner used the services of fitCompass.
2. fitCompass takes a service fee after each booking or purchase which is defined as a percentage of the purchase value. The sum of all the commissions occurring in a given calendar month is invoiced to the Partner on the last day of that month, together with the monthly fee.
3. fitCompass reserves the right to
   • change the monthly fee
   • change the service fee percentage
   • apply as a reward different flat rates and commission percentages to different Partners, depending on their booking and sales volume and the time period they have been in partnership with fitCompass.
4. The exact monthly fee and service fee percentage can be found in our Partnership plans page which is also linked from the Partner registration page. With the registration and the acceptance of the Partner Terms and Conditions we assume that the Partner has familiarized themselves and accepted our rates.
5. The Partner is liable to pay their dues within 30 days of the billing date by bank transfer to Pelsotec.

VII. Duration and termination of partnership

1. The partnership agreement is valid until either party terminates it.
2. The Partner can terminate the partnership by sending a message from within their Dashboard to the administrators of fitCompass in which they request that their account be terminated. In this case fitCompass will de-activate the Partner’s account, but will keep the data as long as the relevant law regarding data retention requires. After this period expires, fitCompass will delete the data fully. Read more about our data handling in the Data Privacy Policy.
3. fitCompass can terminate the partnership if the Partner does not comply with the rules and regulations applying to them and outlined in this page and in the General Terms and Conditions page. In this case, fitCompass first de-activates the Partner’s account and then sends a written electronic (email or in-platform) message to the Partner concerning their breach of the regulations, with two possible stipulations:
   • In case of a modest and reparable breach: we call on the Partner to end their questionable behavior and/or repair the damage caused. Upon subsequent compliance with this request on the Partner’s side, fitCompass will re-activate the Partner’s account.
   • In case of a serious breach: the electronic message will merely serve as information to the Partner that their account has been de-activated and will be deleted, according to Clause 7/b of these Terms and Conditions.

VIII. Service availability

We aim to maintain a seamless operation of the fitCompass platform, but as with any computer-based system, planned and unplanned outages may occur.

1. In case of a planned outage (e.g. service and maintenance cycles), we inform our Partners in email at least 24 hours in advance. The Partner is not entitled to any financial compensation if the entire duration of a planned outage does not exceed 72 hours. If the entire duration of a planned outage exceeds 72 hours, the Partner is entitled to 20 percent of the monthly flat rate as a financial compensation.
2. We assume no liability for financial or other damages caused by an unplanned outage.
3. We assume no liability for financial or other damages caused by either a planned or an unplanned outage to the following Partners:
   • those who, for promotional or other reasons and based on an explicit agreement, use our services without paying a flat rate and/or a commission.
   • those who have an overdue payment towards us.
4. We reserve the right to suspend or discontinue the operation of the platform for significant business reasons. In such a case, we are liable to give an email notice of 10 working days to the Partners to enable them to take corrective measures (e.g. transferring their bookings to another platform and informing their customers of the change).