GENERAL TERMS AND CONDITIONS OF SHOESIZE.ME AG
1 PURPOSE AND APPLICABILITY
1.1 ShoeSize.Me AG, with its headquarters at Industriestrasse 78, 4600 Olten, Switzerland (“ShoeSize.Me”) operates an online platform which allows individuals to store and maintain personal information about body dimensions (“ShoeSize.Me-Platform”).The information is stored on ShoeSize.Me-Platform is provided by ShoeSize.Me to improve the shopping experience of individuals by automizing the selection of footwear or other apparel based on the individual’s foot and/or other body dimensions.
1.2 Users can register for a personal account, store and maintain their foot and shoe dimensions, other body dimensions, and other information about type and size of footwear and apparel the user wishes to store and maintain. ShoeSize.Me will use this information to automize the selection of footwear and apparel the user is interested to buy in an online shop.
1.3 These general terms and conditions (“GTC”) determine the exclusive rules applicable between ShoeSize.Me and a user (“User”) of the ShoeSize.me-Platform, including all sub-domains and apps for mobile devices and connected services, operated respectively by ShoeSize.Me.
1.4 By registering on the ShoeSize.Me-Platform, the User shall be deemed to have read, understood and accepted these GTC.
1.5 These GTC are subject to change by ShoeSize.Me at any time. Amendments to the GTC will be notified to registered Users with a 14 days advance notice via email or upon visiting the ShoeSize.Me-Platform.Users who do not wish to accept the amended GTC must notify ShoeSize.Me of the non-acceptance via email before the expiry of the 14 days, otherwise the amended version of the GTC becomes applicable. In case of a communicated non-acceptance, the contract between ShoeSize.Me and the User ends as per expiry of the 14 days and the User must cease using the ShoeSize.Me-Platform. New or continued use of ShoeSize.Me-Platform after the expiry of the 14 days shall be deemed to constitute acceptance of the amended GTC by the User.
2 REGISTRATION REQUIREMENTS
2.1 User must be 18 years or older.
2.2 Registration and basic use of ShoeSize.Me-Platform is free, additional premium services may be subject to fees.
2.3 To register, the User must fill out the mandatory fields of the registration form completely, correctly and truthfully.
2.4 The registration is deemed as an offer to ShoeSize.Me that will accept or refuse any registration at its own discretion.
3 PERMITTED USE AND RESTRICTIONS
3.1 Users may use the ShoeSize.Me-Platform for the purpose described in clause 1 of these GTC only. All other use is prohibited.
3.2 User is prohibited from using technical interventions (such as running scripts, hacking attempts, distribution of viruses, worms, Trojan horses, brute force attacks, etc.) to compromise the functioning of the ShoeSize.Me-Platform.
3.3 User is prohibited to disseminate discriminatory, defamatory, racist,pornographic, violent or any other illegal data or statements violating applicable laws or third party rights on the ShoeSize.Me-Platform.
3.4 User is prohibited to disseminate advertisements, political contributions,bulk mails, chain letters or competitions on the ShoeSize.Me-Platform.
3.5 ShoeSize.Me is not obliged to check and remove User contents and communications in violation of clauses 3.3 and 3.4 of these GTC, but entitled to remove any type of contents, communication and links that User has made available on the ShoeSize.Me-Platform without prior notice, if and insofar as ShoeSize.Me has reasons to believe that making said contents available constitutes a breach of statutory provisions or these GTC, but also at its own discretion.
3.6 All attempts to use the available contents for business, industrial or any other commercial purposes are strictly prohibited. If and insofar as ShoeSize.Me has reasons to believe that such use is made, it is entitled to suspend or terminate the User’s contract of use for the ShoeSize.Me-Platform.
3.7 User shall not copy, exploit or make publicly accessible in any other way content of ShoeSize.Me-Platform.
4 USER OBLIGATIONS
4.1 User must keep the password selected for the use of the ShoeSize.Me-Platform confidentially and not provided to third parties. User is responsible for all activities and communications via its account.
4.2 Users are obliged to inform ShoeSize.Me immediately if there is reason to suspect that a third party has become aware of access data and/or misused an account.
4.3 User shall maintain the information provided in the registration form and later complete, correct and accurate.
5 THIRD PARTY LINKS AND SHOPPING
5.1 The ShoeSize.Me-Platform includes links to third-party contents. These third-party contents are identified with a corresponding notice, e.g.,“Advertisement” or “Presented by”. If and insofar as the conclusion of a contract is offered in connection with these third-party contents, this is then concluded exclusively with the respective responsible third party, in which ShoeSize.Me is no contract party.
5.2 The ShoeSize.Me-Platform includes links to selected third-party shops offering products and services. If orders are placed with such third-party shops, the contract is concluded with the respective third-party shop pursuant to the terms of the third-party shop, and ShoeSize.Me is no contract party.
6 PROPERTY RIGHTS AND PERSONALITY RIGHTS
6.1 The contents of the ShoeSize.Me-Platform is and remains the property of ShoeSize.Me or any other legal title-holders and is protected by copyright, trademark and design rights or other laws. Any reproduction or use of contents, other than for the purposes described in clause 1.1 of this GTC is prohibited.
6.2 User bears full responsibility of any content provided from its account via the ShoeSize.Me-Platform (texts, images, videos, graphics, links, etc).
7 EXCLUSION OF WARRANTY AND LIABILITY
7.1 The ShoeSize.Me-Platform has been developed with great care. Nevertheless, all information and services are provided without guarantee.Users use ShoeSize.Me for free, as-is and at own risk.
7.2 ShoeSize.Me’s liability for any damages, costs or disadvantages arising from the use of ShoeSize.Me-Platform is excluded to the extent permitted bylaw. In particular, but not limited to, ShoeSize.Me is not liable for the temporary non-availability of ShoeSize.Me-Platform, for the non-availability of functions, for malfunctions, for data theft, data losses and the purchase of not-fitting footwear or other apparel. Foreseeable disruptions (e.g. necessary maintenance works on servers or similar works) will be announced, if possible, in advance.Malfunctions of ShoeSize.Me-Platform do not give rise to any claims against ShoeSize.Me.
7.3 User guarantees that the content provided from its account via the ShoeSize.Me-Platform violates no third-party rights (copyright, right of use, trademark rights or personality rights). If a User or third party asserts claims against ShoeSize.Me for a violation of their rights due to content provided by User, User undertakes to indemnify ShoeSize.Me from all liability, damages, costs(including court costs and legal fees).
6.3 In the case that third parties assert claims pursuant to clause 7.3 above, ShoeSize.Me is entitled to disclose the personal data of the User to the claimant and authorities as required for the investigation of the matter and for its defense.
8.1 Each, ShoeSize.Me and User, may terminate the contract of use at anytime without the need for justification and without the need to comply with any notification periods. For a termination by User, the User must click on the “Delete my account” button or send a termination notice by e-mail to contact@ShoeSize.Me. ShoeSize.Me terminates the contract of use by permanently deleting all the User’s personal information.
8.2 Once the contract is terminated, all the User’s personal information is permanently deleted from the ShoeSize.Me-Platform, unless the applicable legislation requires longer retention periods or regarding data necessary for bookkeeping purposes.
8.3 Contributions that the User has made publicly available via the ShoeSize.Me-Platform (e.g., in forums, within groups, etc.) will remain visible despite a termination of the contract of use – however, no name will be shown and a message will appear stating that the User who submitted the contribution is no longer registered.
9 DATA PROTECTION
Shoesize.Me's Data Protection Policy applies.
10 FINAL PROVISION
10.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced with a valid one to achieve the same or at least a similar economic success. The same shall apply for any loopholes.
10.2 These GTC and the contractual relationship between ShoeSize.Me and the User are subject to material Swiss law, excluding conflict of law rules and treaties. The exclusive legal venue is at the court at the headquarters of ShoeSize.Me.