General Terms and Conditions of Pelsotec GmbH, the owner of fitCompass.ch
Last modified on: 09.06.2022
I. Introduction
These terms and conditions outline the rules and regulations for the use of Pelsotec GmbH‘s services provided through the platform located at https://fitcompass.ch/ (hereinafter referred to as “fitCompass”).
By accessing this platform we assume you accept these terms and conditions. Do not continue to use 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. Pelsotec/fitCompass can also act as a provider itself. In that case, the contract is concluded directly between the Members and Pelsotec/fitCompass.
III. Membership for users
- The membership is free of charge.
- Users can set up a personal account on the platform (“fitCompass account”) by entering their e-mail address and birth date and choosing a personal password, or by linking their social media account, and by accepting our Data Privacy Policy and our General Terms and Conditions (this page).
- The user may only register in their own name. The user must be of legal age and a natural person to register as a Member. The data provided to fitCompass during registration must be complete and truthful. It is not permitted to register using a pseudonym, incorrect address or e-mail address.
- Pelsotec reserves the right to reject the registration of users without providing reasons. In this case, the data transmitted by the user will be deleted immediately.
- The personal access data must be treated confidentially by the Member and must not be shared with third parties.
- After successfully registered, the Members can book and buy the activities or products provided by the Partners for the amount displayed on each item.
- The Members have access to their own area in the platform (“My account”) where they can maintain their profile information and preferences and keep track of their purchases.
- In addition to the data provided during the registration process, the Members are also required to provide their billing address and phone number to be able to book and buy activities or products.
- The information provided by the Member during the registration or later in the “My account” area is treated confidentially by Pelsotec, and is not shared with or disclosed to any third party, with the following exceptions:
- When the Member adds publicly viewable content in fitCompass like reviews, questions and comments, their name and profile picture is visible to all other Members.
- When the Member purchases an activity or a product, their name, profile picture, billing address, email address and phone number are shared with the Partner who provides the purchased service or product which the Member hereby explicitly agreed with. This is necessary for the successful completion of the order.
- The Member has the right to cancel a booked or purchased activity or return a purchased product and get a refund as long as they comply with the delivery, cancellation and refund policy defined by the Partner who provides the activity or the product. These specific policies can always be read and familiarized with on the information page of the activity or the product before the purchase, or in the confirmation email after the purchase.
- The Member is entitled to a full refund of the booking value when the Partner cancels the booking.
IV. Partnership for coaches and product providers
Coaches or personal trainers and product providers can register as Partners. 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). Read more here.
V. Cookies
Most interactive platforms use cookies to retrieve the user’s details for each visit. Cookies are used by our platform to enable the functionality of certain areas to make it easier for people visiting our platform. Some of our affiliate/advertising partners may also use cookies. By accessing fitCompass, you agreed to use cookies in agreement with our Cookie Policy.
VI. License and contents
Unless otherwise stated, Pelsotec GmbH and/or its Partners own the intellectual property rights for all material on fitCompass. All intellectual property rights are reserved. You may access this from fitCompass for your own personal use subjected to restrictions set in these Terms and Conditions.
You must not:
- Republish textual or graphical material from fitCompass
- Sell, rent or sub-license material from fitCompass
- Reproduce, duplicate or copy material from fitCompass
- Redistribute content from fitCompass
Parts of this platform offer an opportunity for users to post and exchange opinions and information (Comments) in certain areas of the platform. Pelsotec GmbH does not filter, edit, publish or review Comments prior to their presence on the platform. Comments do not reflect the views and opinions of Pelsotec GmbH, its agents and/or affiliates. Comments reflect the views and opinions of the persons who post them. To the extent permitted by applicable laws, Pelsotec GmbH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this platform.
Pelsotec GmbH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You do not post comments on our platform without having all the necessary licenses and consents to do so.
- Your Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party.
- Your Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy.
- Your Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Pelsotec GmbH a license to use your Comments for marketing purposes (typically for customer testimonials) in any media.
VII. Hyperlinking to our content
The following organizations may link to our platform without prior written approval:
- government agencies
- search engines
- news organizations
- online directory distributors
- system-wide approved entities, with the exception of soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other platform information as long as the link:
- is not in any way deceptive
- does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services
- fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- fitness and health organizations and businesses
- commonly-known consumer and/or business information sources
- dot.com community sites
- associations or other groups representing charities
- online directory distributors
- internet portals
- accounting, law and consulting firms, and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Pelsotec GmbH; and (d) the link is in the context of general resource information.
These organizations may link to our home page as long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our platform, you must inform us by sending an e-mail to Pelsotec GmbH. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our platform, and a list of the URLs on our site to which you would like to link. It might be that it will take us 2-3 days to respond.
Approved organizations may hyperlink to our platform as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our platform being linked to that makes sense within the context and format of content on the linking party’s site.
No use of the fitCompass logo or other artwork will be allowed for linking absent a trademark license agreement.
VIII. iFrames
Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our platform.
IX. Content liability
We shall not be held responsible for any content that appears on your platform. You agree to protect and defend us against all claims that is rising on your platform. No link(s) should appear on any platform that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
X. Your privacy
Please read our Privacy Policy.
XI. Reservation of rights
We reserve the right to request that you remove all links or any particular link to our platform. You approve to immediately remove all links to our platform upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our platform, you agree to be bound to and follow these linking terms and conditions.
XII. Removal of links from our platform
If you find any link on our platform that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this platform is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the platform remains available or that the material on the platform is kept up to date.
XIII. Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our platform and the use of this platform. We exclude the entire liability in the context of our webpage, however, except for any unlawful intent or gross negligence.
XIV. Governing law and jurisdiction
All possible disputes and legal matters arising out of or in connection with these General Terms and Conditions, shall exclusively be governed by Swiss law.
For any claims resulting from purchase contracts in which one party is Pelsotec: For any claims by customers, the place of jurisdiction shall be Würenlos, Aargau, or the customer’s place of residence. In any other case, the exclusive place of jurisdiction shall be Würenlos, Aargau.
For any claims resulting from purchase contracts in which one party is a Partner of Pelsotec: For claims by customers, the place of jurisdiction shall be the Partner’s domicile or the customer’s place of residence. In any other case, the exclusive place of jurisdiction shall be the Partner’s domicile.
