The general terms and conditions. The WeConnectCare portal is an offer of Chapman SA (hereinafter also referred to as the "Operator"). Chapman SA is an independent outpatient care company in the canton of Ticino, Switzerland.
Chapman SA offers the WeConnectCare portal via the domain www.weconnectcare.com, as well as via the websites of cooperation partners, in which the respective service – if necessary also in an interface adapted to the graphical interface of the websites of these cooperation partners – is integrated. The sole operator of the WeConnectCare portal is always Chapman SA, regardless of the distribution channel.
The following terms and conditions govern, regardless of the distribution channel, the conditions under which the use of the WeConnectCare portal of Chapman SA and the integration of profile data of members registered with affiliated companies takes place.
VALIDITY, CONTRACTUAL PARTNER
The terms and conditions are also valid if the portals are used from outside Switzerland. The contract is concluded with Chapman SA, Via Madonnone 10, 6989 Purasca. Managing Director: Esther Chapman. Commercial register number: http://ti.powernet.ch/webservices/inet/HRG/HRG.asmx/getHRGHTML?chnr=CH-514.3.006.113-8&amt=501&toBeModified=0&validOnly=0&lang=3&sort= , Lugano District Court. From these terms and conditions, even if the portals are integrated into the websites of cooperation partners or of profile data of members registered with affiliated companies, only the latter is obliged.
SCOPE OF SERVICES – ESSENTIAL CHARACTERISTICS OF THE SERVICE
(1) As the operator of the portal WeConnectCare.com on the Internet, Chapman SA offers registered members access to a database through which they can get to know each other for the development of business ties (family members, people in need of care, nursing assistants, housekeepers). The database contains profiles and information about other members that the members themselves have hired.
(2) Anyone interested has the opportunity to register free of charge and to create their own profile (also with photos). Persons who have the 18. have not reached the age of life, but may not use WeConnectCare.com. The members of WeConnectCare.com can also take a personality test and receive concrete personal suggestions on this basis.
(3) Members also have the option of registering for a paid membership ("PREMIUM membership" WeConnectCare.com). Additional functions are available to a paying member: They can contact other members, in particular write messages. A personal consultation or support by employees of the operator in questions relating to care and support is not part of the services.
(4) Before accessing fee-based areas, members are expressly informed of the chargeability, the scope of the services and the payment modalities. After payment has been made, they can access these areas and use the extended functionalities.
(5) At the discretion of the operator, part of the service is also to make the profile data accessible to members who are registered with portals of the companies affiliated with WeConnectCare.com and thus to enable the corresponding members to contact the members of the other portal across services.
(6) Part of the service is also the following: The conversations exchanged via the website are stored for 12 months and then automatically deleted on an ongoing basis, even if you remain a member. If a member actively logs out of the service, the conversations will initially be blocked for all parties involved and also deleted after 12 months. We will delete your profile and other data 12 months after closing your free account. Your free account will be closed if you either actively unsubscribe from the Service or after two years have elapsed since the last activity on the Platform. For example.B you can still log in and purchase a pass for a period of two years since your last activity even after your paid membership has expired, your profile data including your bank details will be retained.
7. The operator's obligation to perform shall be limited to the activities referred to in this Article 2. The subject of the contract is not the placement of persons or the initiation of business.
STEPS TO CONCLUDE THE CONTRACT, START OF THE CONTRACT
(1) After entering the personal data and the selected payment method, the member will again receive an overview of the order, which shows the selected term of the membership with a list of the essential features of the service, the contact details, the billing address and the selected payment method. The member can recognize input errors before submitting the contract declaration and correct them at any time with the help of the deletion and change function before pressing the "Buy now" button.
(2) After sending his registration, the member will receive these GTC together with a confirmation of receipt in text form.
(3) The contract between the operator and the member for a fee-based membership is concluded with the activation of the fee-based area. The Operator shall grant full access to the Services only after receipt of payment.
(4) With the activation of the fee-based area by the operator, the term of the fee-based membership also begins.
(5) A contract pursuant to paragraphs 1 and 2 is only concluded if the member has at least the 18th time. ==References== The operator is entitled to demand proof of the age of majority from the member if there are justified doubts.
(1) The use of the service within the framework of Art. 2 para. 2 of these GTC is free of charge.
(2) Further use of the services (CHF 39.90 per review of a potential dossier) is possible by concluding a fee-based membership. The prices and payment methods of the fee-based service can be viewed in the member area of the website WeConnectCare.com. They will be indicated at the latest when the member wishes to access paid services.
(3) All prices quoted are final prices and therefore already include the statutory value added tax.
TERMS OF PAYMENT
(1) The payment of the fee is to be made in advance to the operator for the selected period without any deduction.
(2) Various payment options are available to the member. These are listed on the respective website.
Please contact us by e-mail at: Service@weconnectcare.com, Tel.: +41 (0) 91 6306905 or by fax: +41 91 971 9583. Your request can be processed very quickly if you are already a member and provide your membership number and e-mail address. You can find this data under "Profile & Account", "Settings".
MINIMUM RUNNING TIMES, AUTOMATIC RENEWAL, TERMINATION OF MEMBERSHIP
(1) The term of the fee-based membership (Art. 2 para. 3 of these GTC) is at least one month for WeConnectCare.com, optionally also three, six or twelve months.
(2) The fee-based membership of WeConnectCare.com (premium membership) can be upgraded by the "Connect Option". If a paid membership already exists, it will be replaced by the new Connect membership as follows:
- In principle, Connect membership begins immediately with the order by the member if it is booked in the first 10 days of a current contract month;
- However, connect membership does not begin until the beginning of the next month after the order (or with the expiration of the existing membership if this time occurs earlier), if the Connect option is booked in the last 20 days of a contract month, in the last month of a minimum contract term or within a one-month minimum contract term.
(3) The fee-based membership with WeConnectCare.com is automatically extended by the duration of the originally selected initial term (for example, by three months if a three-month membership was initially chosen). The basic remuneration chosen for the initial order (i.e. the remuneration without taking discounts, special promotions) remains unchanged. An extension of the fee-based membership does not take place if the member terminates it in good time (Art. 8 para. 4).
(4) The termination of the fee-based membership at WeConnectCare.com can be made no later than two days before the expiry of the validity period. The termination can be made
- by fax to +41 91 971 9583,
- by means of a cancellation button in the personal area of the member
- by e-mail to the address Service@WeConnectCare.com, or
- in writing to Chapman SA, Via Madonnone 10, 6989 Purasca.
(5) For the purpose of calculating the contract period, months are not calendar months, but the period from a calendar day of a month to the same day of the following month (for example, from 15 May to 15 June of the same year).
(6) After expiry of the fee-based membership, the status of the member automatically changes back to the free membership and the associated restrictions.
TERMINATION OF FREE MEMBERSHIP, EXTRAORDINARY TERMINATION
(1) The free membership according to Art. 2 para. 2 of these GTC can be terminated at any time.
(2) The right to extraordinary termination (fee-based or free membership) always remains unaffected for both parties. The contract can be terminated extraordinarily by the operator without observing a notice period if the member intentionally makes false statements during registration and/or later change of his data or if he repeatedly violates these GTC despite a warning.
LIABILITY OF THE OPERATOR
(1) The operator cannot be held responsible for false information in the profiles of other members, as the information provided by the members cannot all be checked due to its scope. He assumes no liability for the possible misuse of information by other members or third parties if the member has made the information accessible himself.
(2) Furthermore, the operator is not liable for failures of the service for which he is not responsible, for example due to force majeure or technical malfunctions of the Internet.
OBLIGATIONS OF THE MEMBER
(1) The member is solely responsible for the content of his profile and thus for the information he provides about himself.
(2) The member assures that the data provided are true and describe him personally. The contracting parties agree that it is to be regarded as a legitimate interest of the operator to verify the accuracy of the data provided, if necessary.
(3) The member undertakes not to pass off the data of third parties (including e-mail address) as his own. In particular, it undertakes not to provide bank details or the credit card details of third parties.
(4) The member undertakes to comply with the applicable laws when registering and using WeConnectCare.com.
(5) The member undertakes to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their author. The same applies to names, telephone and fax numbers, residential addresses, e-mail addresses and/or URLs.
(6) Furthermore, each member undertakes not to misuse WeConnectCare.com, in particular:
- disseminate any defamatory, offensive or otherwise unlawful material or information through the Service;
- not to use the Service to threaten, harass or violate the rights (including personal rights) of third parties;
- not to upload any data containing viruses (infected software), or to upload any software or other material that is protected by copyright, unless the member has the rights to it or the necessary consents;
- not to use the Service in a manner that adversely affects the availability of the Offers to other Members;
- not to intercept or attempt to intercept emails;
- not to advertise for other, non-commercial mediation portals (the promotion of other commercial mediation portals is subject to the prohibition according to Art. 12 of these GTC);
- not to send chain letters;
- not to mention in the personal description (profile) full names, addresses, telephone or fax numbers, e-mail addresses, user names or other contact data of messenger services or other Internet services;
- Not to pass on logins and personal passwords to third parties or to share them with third parties.
(7) Failure to comply with any of the above-mentioned conduct obligations can lead to an immediate termination of the membership as well as civil and criminal consequences for the member himself. In particular, the Operator reserves the right to exclude the Member from the Service if, in the opinion of the Operator, immoral, obscene or politically radical content or photos are disseminated when registering or using the Service.
PROHIBITION OF COMMERCIAL OR BUSINESS USE, PROHIBITION OF SPAMMING
(1) The member assures that he does not pursue any commercial and/or business intentions in connection with his membership. It undertakes not to use the mediation portal commercially or commercially.
(2) A commercial or business use, which the member undertakes to refrain from within the framework of this contact portal, is in particular:
- the offer of goods or services of any kind for consideration, the invitation to submit a corresponding offer or the reference to a corresponding offer that can be reached elsewhere (for example by reference to special Internet auctions);
- the promotion of commercial Internet pages, i.e. in particular those pages through which goods or services are offered for a fee, which serve the presentation or advertising of companies or which advertise other commercial Internet pages (this applies in particular to advertising in the form of pop-ups, banner advertising or through particularly highlighted or conspicuous links. In particular, an Internet page is also considered commercial within the meaning of this regulation if it directly or indirectly links to the commercial contact portal of another operator).
- the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) within the framework of this contact portal;
- the establishment of contact for the purpose of subsequently making a profit, inse. by subsequent reference to value-added SMS or 0900 numbers;
- the search for employees, models for agencies or paid service providers as well as
- the collection of profile data accessible within the framework of the portals or requesting data (e.B telephone / mobile phone number) of individual members with the intention of commercial use, advertising or resale.
(3) The member undertakes to refrain from submitting advertising in any form for commercial offers to other members of WeConnectCare.com and not to send messages that serve a commercial purpose. This also applies in particular to the setting or naming of corresponding links in the data profiles accessible to other members or other members of the service or to the sending of messages with the internal message exchange systems (e.B chat, message sending, forums and data profiles).
The member assures that he does not post any photographs or other works within the framework of this contact portal without being entitled to do so in accordance with the relevant copyright regulations.
The member grants the operator all non-exclusive, spatially unrestricted rights to use the content created and posted by him during his membership, including images, texts and videos, for the purpose of operating the service WeConnectCare.com. The right to use the content ends with the end of the membership. The member assures that the content created and posted by him during the use of the service and their use within the scope of the above granting of rights does not infringe copyrights or other rights of third parties or other rights, and he does not post any photographs or other works within the framework of the service WeConnectCare.com without being entitled to do so in accordance with the relevant copyright regulations.
FURTHER INFORMATION UNDER DISTANCE SELLING LAW
(1) The language available for the conclusion of the contract is Italian.
(2) The text of the contract is not stored by the operator and is therefore not accessible to the member after the conclusion of the contract via the operator. These GTC can be saved at any time or printed out via the print function of the browser (right-click, "Print").
CHANGES TO THE GENERAL TERMS AND CONDITIONS, PRICES OR SERVICES
(1) The operator is entitled to change these GTC insofar as this does not affect essential provisions of the contractual relationship, the change is necessary to adapt to developments that were not foreseeable at the time of conclusion of the contract and whose non-consideration would noticeably disturb the balance of the contractual relationship. "Essential regulations" in this sense are in particular those regarding the type and scope of the contractually agreed object of performance and the term including the provisions on termination.
(2) The operator is entitled to change the object of performance if this is necessary for a valid reason, the member is objectively not in a worse position than the object of performance (e.B. retention or improvement of access possibilities) and is not significantly deviated from the object of performance. A "valid reason" to change the object of performance in this sense exists if the object of performance is adapted to technical developments, third parties from whom the operator obtains necessary advance services for the provision of his services, change their range of services or legal provisions or court decisions require a restriction or expansion of the object of performance. The operator is entitled to limit the scope of the content to be posted by a member by changing the subject matter of the service.
(3) The operator is entitled to increase the agreed remuneration if this is done in order to pass on increased costs to the member. The right to adjust prices covers in particular the case where third parties from whom the operator obtains the advance services necessary for the provision of the services owed under this contract increase their prices. Furthermore, the operator is entitled to adjust the prices accordingly in the event of an increase in VAT.
(4) Changes to the GTC, the subject matter of the service and the subscription remuneration intended in accordate with Articles 15.1 to 15.3 shall be communicated to the member by e-mail to the e-mail address provided by the member at least one month before they take effect. The member is entitled to a special right of termination at the time the changes take effect. If the member does not terminate the contract in writing within one month of receipt of the notification of change, the changes shall become part of the contract at the time they take effect. The member will be specifically informed of this consequence in the notification of change.
FINAL PROVISIONS, ONLINE DISPUTE RESOLUTION
(1) No ancillary agreements have been made. In the event of the invalidity or partial ineffectiveness of one of the provisions of these GTC, the validity of the remaining provisions shall remain unaffected.
(2) Online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find under http://ec.europa.eu/consumers/odr/.
As of July 2016
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us WeConnectCare.com,Chapman SA, Via Madonnone 10, 6989 Purasca of your decision to withdraw from this contract by means of a clear statement (e.B. a letter sent by post, fax or e-mail). You can use the attached sample revocation form, but it is not mandatory.
In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If You withdraw from this Contract, we will have provided You with all the Payments we have received from You, including delivery Costs (with The exception of the additional Costs arising from your delivery being a different Type of Delivery than the cheapest one offered by us. Have chosen Standard delivery) to repay immediately and no later than fourteen Days from the Date on which we received the Notification of Your Revocation of this Contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; Under no circumstances will you be charged fees for this repayment.
If you have requested that the services start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided in the contract.
Pattern revocation form
If you wish to withdraw from the contract, please fill out this form and send it back to Chapman SA, Via Madonnone 10, 6989 Purasca, email to: service@WeConnectCare.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for communication on paper)
(*) Distant incorrect.
We ask you to provide your customer number and/or e-mail address in the event of a revocation.