General Terms and Conditions of the BITIGO S.à.r.l. company
Status 1st January 2008
The present General Terms and Conditions (GTC) of the BITIGO S.à.r.l. company (hereinafter "BITIGO") apply primarily to activities performed by, at, or through BITIGO. By using the BITIGO internet site you agree to the present terms.
The BITIGO website is a marketplace where natural persons and entities who have opened a user account can offer or reserve courses of all kinds. At that, the course providers' offers and their distribution must not violate statutory provisions, public morals or the present GTC. BITIGO itself does not offer any courses. BITIGO is also never a contract partner in the agreements made between the course providers and the course participants (both hereinafter "users"). Likewise, the fulfilment of the contracts agreed on via the BITIGO website is done exclusively between the course offerers and the course participants.
The contents of the BITIGO internet site do not represent any obligations on the part of BITIGO and are subject to change. BITIGO is merely an intermediary and therefore does not accept any responsibility regarding contents that are published by course providers on the BITIGO internet site, or contents of internet sites of the course providers. BITIGO guarantees neither the accuracy nor the completeness of the published contents.
As a basic principle, offers and contents published on the BITIGO website are not verified by BITIGO for their legitimacy, correctness and completeness. Likewise, the quality of the courses offered is not checked by BITIGO.
BITIGO only performs a very limited check of the data deposited at the time of registration as the identification of persons on the internet can be done only to a very limited degree. It can therefore not be ruled out that incorrect contact data were provided for a course offerer's account information. Every user is therefore responsible for satisfying himself of the identity of a contract partner.
The BITIGO name and logo are registered trademarks and are the property of BITIGO.
3. Opening a user account
Offering a course, resp., signing up for a course, requires opening a user account "myBitigo" and consenting, a.o., to these GTC. Registration is free. With the registration, an agreement is effected between BITIGO and the user regarding use of the BITIGO website (hereinafter "licence agreement"). There is no claim to making a licence agreement.
Only natural persons and entities are permitted to register. Minors in particular are not allowed to register with BITIGO. An entity can only be registered by a natural person authorised to represent, who must be named.
If the data entered should change, it is the user's responsibility to correct the data in his account promptly.
Upon registration, the user chooses a pseudonym and a password. The pseudonym must not consist of an email or internet address, it must not infringe on the rights of third parties - in particular naming rights or trademark rights - and it must not offend common decency.
Users must keep their password secret and must diligently secure access to their account. Users are obligated to inform BITIGO immediately if there is any indication that an account was misused by third parties.
BITIGO will not disclose a user's password to third parties and will never ask a user for their password by email or phone.
Users are principally liable for all activities that can be performed while using their accounts. If the user is not responsible for misuse of his account because the existing obligation to exercise diligence has not been infringed on, then the user is not liable.
4. Contents of the licence agreement between BITIGO and the users
BITIGO places the BITIGO website, with the functions as described in subparagraph 2, at the user's disposal. The user's claim for using the BITIGO website and its functions only exists in the context of the current state of the art. BITIGO does not guarantee perfection or permanent operational readiness of its website. The website can be shut down temporarily, in particular for maintenance work. BITIGO also reserves the right to end the operation of its website, to wit without giving reasons. Information to that effect is sent to the users 14 days in advance, to the email address registered at BITIGO.
The course participant commits to follow through on all completed reservations. Unless noted otherwise, the course provider's cancellation and change conditions apply.
Where applicable, information on the pricing of courses must be listed as final price including VAT and additional price components.
Free publication and reservation of course offers
No payment is owed to BITIGO for publishing course offers or for the reservation of courses via BITIGO. However, BITIGO reserves the right to charge for its services at a later time. Course offerers will be informed of a corresponding change to the GTC in advance (see provisions for changing the GTC).
Diversification of the offer
BITIGO reserves the right to diversify or change its offer at any time. Additional services (even for a charge) can be added at any time. BITIGO will regularly inform its users of changes.
Reservation and questions about courses
BITIGO does not accept reservations directly. Course reservations can either be done online (on the internet) or on BITIGO's internet site, or by using the services provided by the course offerer. Questions regarding courses should be directed to the appropriate course offerer.
It is forbidden to publish contents on the BITIGO website that violate statutory provisions, the rights of third parties, or public morals. It is each user's responsibility to ensure that his offers or contents are lawful and do not infringe on the rights of third parties.
Each user is responsible for archiving the information that is required for the purpose of preservation of evidence, bookkeeping etc., and that is accessible on the BITIGO website and stored by BITIGO, on independent storage media outside of BITIGO.
Use of contact data
Users are not permitted to use contact data that were acquired by using the BITIGO marketplace for purposes other than contractual and pre-contractual communication. It is forbidden, in particular, to sell these data, or to use them for mailing advertising materials, unless the user has expressly agreed to this beforehand.
Disclaimer of liability of BITIGO
The general non-liability clause listed below also applies to the relationship between the user and BITIGO.
Claims by third parties
The user releases BITIGO from all claims that other users or other third parties can raise against BITIGO due to infringement of their rights by offers and contents published by the user on the BITIGO website. In doing so, the user accepts the costs of any necessary legal defence of BITIGO including all legal charges and attorney's fees. In the event of a claim by third parties, the user is obligated to provide BITIGO immediately with all information necessary for examining the claim, and for preparing a defence.
Cancelling the licence agreement
Users can cancel the licence agreement at any time. A written message to BITIGO, or an email to customer service, is sufficient to declare cancellation. BITIGO can cancel the licence agreement at any time subject to a term of 14 days to the end of the month. The right to block the account remains unaffected by this. Potential obligations that the user has assumed via the BITIGO website with other users remain unaffected by this cancellation.
BITIGO is entitled to transfer its rights and obligations completely or in part to a third party, with a notification term of one month. A notice to that effect will be sent to the user's email address stored at BITIGO.
5. Sanctions against users
BITIGO can take the following measures if there are any indications that a user has infringed on statutory provisions, the rights of third parties, the BITIGO GTC, or the GTC of course providers, or if BITIGO has another justified interest, in particular, to protect all those persons interested in courses from fraudulent activities:
All these measures can be taken without first informing the user. The user will receive an email no later than 14 days after the measure was taken, to the email address provided to BITIGO.
6. Disclaimer of liability
BITIGO is not liable for technical defects of all kinds and does not guarantee that its internet site will be available continuously, or that it will be error-free, or that information or other contents that are accessible through this website are free of damaging components.
Using the internet site and the courses offered is done at the user's own risk. BITIGO rejects any responsibility for errors, omissions, or misleading information. BITIGO cannot be held liable for direct or for indirect damages (consequential damage) or loss of profit or lost savings that result from using the BITIGO website.
BITIGO also is not liable for the courses and other contents published by the course providers. BITIGO is merely an intermediary and provides course offerers and all those persons interested in courses with the possibility to contact each other.
BITIGO protects its personal data within the framework of existing legislation. The following data are collected and used:
Collecting and processing data
When accessing BITIGO, date and time of the connection are stored. This allows us to inform the user of changes that have been introduced since his last visit.
Use and disclosure of personal data
The data stored in the user profile are used to process the agreements made through BITIGO. In particular, BITIGO uses the user's email address to communicate contract changes.
As already mentioned in subparagraph 4, users are not permitted to use contact data which they have obtained by using the BITIGO marketplace for any other purposes than for contractual and pre-contractual communication. It is forbidden in particular to sell these data, or to use them for mailing advertising materials, unless the individual user has expressly agreed to this beforehand.
8. Changes to the general terms and conditions
BITIGO reserves the right to change the present general terms and conditions at any time. The changes are communicated to the course offerers and to registered persons interested in taking a course one month in advance by email, to the email address on file at BITIGO. Unless a course provider or a person interested in taking a course objects to the new GTC within one month of sending the email, the modified GTC are considered accepted. BITIGO will specifically point out the importance of this deadline in the email that contains the modified conditions.
9. Applicable law and place of jurisdiction
For all disputes between BITIGO and its customers (course offerers and persons interested in taking courses), Swiss substantive law applies. Sole place of jurisdiction is Lausanne in Switzerland.