Terms & Conditions
Service provided by sobu
sobu is an online service of sobu AG and operates according to the principle “buy – share – earn”. sobu stands for Social Media and Business Network and is a novel service which enables sobu customers (hereafter “Users”) to pass on recommendations on their social networks of products and services that they have bought online. If the User’s friends in these networks use this recommendation and also make a purchase (hereafter “Friends”) the User is credited with a payment. The User’s Friends have the possibility of making a purchase in a partner online shop through the sobu link that is posted and thereby possibly benefiting from any offers made by the online shop operator. To allow the payments to be credited to the Users making the recommendations and to enable the Friends to take advantage of the special offers made by the online shops, the Users as well as their Friends must read and accept these GTC and the data protection policy contained therein. Details of the service are described on the website www.sobu.com
Scope of application
These General Terms and Conditions (GTC) govern the creation and content of the legal relationship between sobu AG and the Users as well as between sobu AG and the Friends in the event that the services offered on the sobu platform are used. Upon registration, the User and his/her Friends (hereafter jointly referred to as «sobu Users») agree, in accordance with clauses 3 and 4 hereof, that these GTC and the regulatory framework of the service specifications published on the website www.sobu.com shall apply. sobu AG reserves the right to amend the GTC at any time. In this case sobu Users shall be notified thereof and request-ed to read and accept the GTC once again
The sobu User undertakes to provide truthful information when registering.Only individuals over the age of 18 are authorized to use the sobu service. Any other use, in particular the automated retrieval of information and its dissemination in other systems, is permit-ted only with the consent of sobu AG and may be revoked at any time. The sobu User undertakes to use the login data as contractually stipulated and not to make it accessible to any third party with-out the written consent of sobu AG. The sobu User is responsible for protecting the login data. sobu AG refuses to accept any kind of liability for damages incurred by the sobu User due to the misuse or loss of the login data
Registering using a third party’s login
If the User has an account with a social network (e.g. Facebook account), he/she can use it to register with sobu and also log in later using these platforms.The information requested in the third party login process shall be indicated for prior approval by the User: sobu AG is in no way connected to these platforms. sobu AG merely provides the login technology of these third party login providers and assumes no liability for their services.The User must first find out from his/her third party login provider how this type of registration and login works, and uses this at his/her own risk.
sobu’s services are available 24/7. sobu AG reserves the right to restrict these hours of operation or suspend them temporarily for technical reasons. sobu AG reserves the right at any time to make improvements and changes to the services or give up the service. sobu AG is entitled at any time to disable the sobu platform immediately in the event of disruptions by third parties (such as viruses or cyber attacks) or for any other important reasons. sobu AG provides its services to the extent permitted by its op-erating resources and takes all measures that are economically feasible, technically possible and reasonable to safeguard its data and services. It may delegate the task of providing the service to third parties.
Writing recommendations and posting them on one’s net-works
Purchasing in the partner online shops and their offers for sobu Friends
sobu AG undertakes to comply with the provisions of the Swiss Data Protection Act and shall take appropriate measures to protect the data of sobu Users. The sobu User must register with his/her personal data and agrees that the data required for implementing the service will be saved and processed by sobu AG. Additional personal data of the User may be collected for payment of the credit and for reasons of security and verifiability. All the data collected is used and saved exclusively by sobu AG for the purpose of processing each requested transaction. It is not disclosed to third parties, in particular the shop operators, other sobu Users or the networks. sobu Ltd may make anonymous use of the data concerning the purchases made and compare it with information from third parties as well as prepare user statistics and pass these statistics on to third parties. The User’s Friend acknowledges and agrees that sobu AG will communicate the total amount of the purchases he/she has made to the User in anonymized form. For the purpose of verifying the credit paid, sobu AG shall keep a transaction log showing the invoice amount of each transaction. This data shall be deemed to be business data of sobu AG and shall be retained for 10 years.
Where as a result of the sobu post the Friend makes a purchase at a partner online shop or concludes a contract for a service, payment of the credit agreed with the User shall fall due provided that the following provisions are fulfilled. The amount of credit to be paid is published in the login area of the User on the website www.sobu.com. The credit is due only if the contract in question can be shown to have been concluded using the sobu link within 50 days after publication of the post, the goods or service has been paid for by the Friend and provided the Friend has also accepted these GTC. The User must provide the information required for the payment. Payment of the credit is made only to a postal or bank account in Switzerland. sobu AG shall transfer payment of the credit due to the User within 30 days after the contract is signed between the partner online shop and the Friend, provided the aforementioned preconditions are fulfilled.
Users’ Friends have the possibility of reading the recommendation placed by sobu on behalf of the User and using the link to make a purchase in the partner online shop and thereby benefit from partner online shop offers applicable at the time of the post, as long as they are still valid at the time of purchase. Concluding the contract, the content of the contract and implementing the contract between the Friends and the partner online shops is the exclusive responsibility of the Friend and the partner online shop. In particular, granting and processing benefits for the Friends is the sole responsibility of the partner online shop. To the extent permitted by law, sobu AG excludes liability in this regard.The partner online shops cannot view the data collected on sobu or the posts sen
Warranty and liability
To the extent permitted by law, sobu AG accepts no liability for itself, its auxiliary persons or authorized third parties. It is liable only for amounts up to that of the proven loss or damages. It is not liable in the case of force majeure, for consequential loss or damage or lost profit.In particular, sobu AG does not guarantee the uninterrupted operation of sobu, sobu’s operation at a specific time or the authenticity and integrity of the data saved or transmitted via its system or the Internet. Liability is also excluded for the accidental disclosure, damage, loss or deletion of data that is sent/received or saved.In particular, sobu Ltd is not liable for loss or damages which may arise from the refusal or deletion of a customer recommendation on a social network. sobu AG also excludes, to the extent permitted by law, liability for loss or damages arising from refusal to allow a User access to a social network. sobu AG accepts no liability for loss or damages caused by third parties as a result of misuse of the link (including viruses). In particular, sobu AG accepts no responsibility for contractual or other relations between the partner online shop and the Users or Friends. Nor does it guarantee that the offers promised by the partner online shops will be granted. sobu AG accepts no liability for the content of the customer recommendations written by Users
All copyrights (intellectual property rights and ancillary copy-rights) to the software used by sobu (“sobu software”), to the sobu brand and to the sobu system as a whole remain the prop-erty of sobu AG
sobu AG assumes no liability in the event that it is prevented from fulfilling its obligations under a contract due to force majeure or other circumstances beyond its control. In the event that a delay occurs in cases of force majeure or other circumstances beyond the control of sobu AG, sobu AG shall perform its obligations as soon as is feasible under said circumstances. These terms and conditions and any contracts entered into in accordance with said terms and conditions shall be subject to Swiss law. sobu AG shall endeavor to settle any differences of opinion quickly and unbureaucratically. Berne is the exclusive place of jurisdiction for all disputes arising from or in relation to these terms and conditions, as well as the individual contracts. These conditions are subject to any contrary and mandatory provisions of the law. In the event that a provision of these terms and conditions or a contract is or becomes invalid or unenforceable, the other provisions shall remain unaffected. In this case, both par-ties undertake to bring about a regulation that comes closest to the invalid provision in terms of its commercial content. This also applies in the case of a regulatory loophole.The GTC are composed in German, French, Italian and English. The German version shall prevail if there are conflicts between the different versions or lack of clarity.
Form of publication
The current GTC (sobu) which constitute an integral part ofthe contract can be viewed at www.sobu.com/GTC. In particular cases, sobu Ltd can provide Users with a paper version of the GTC on request. The User acknowledges that paper versions are only copies of the current and legally binding GTC published via electronic media and that paper versions of the GTC are legally binding only if they correspond fully with the electronic version.
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Customer Service sobu: firstname.lastname@example.org