general terms and conditions mybow
1.1. Dozito LLC (GmbH) with registered seat in Lavigny (hereinafter "mybow") offers via its Website www.mybow.ch (hereinafter the "mybow Platform") various services for users according to these General Terms and Conditions and the information available on the mybow Platform.
1.2. These General Terms and Conditions (hereinafter "GTC") are the sole binding rules regulating the contractual relationship between mybow and the users of the mybow Platform.
2. Formation of Contractual Relationship with mybow
2.1. By clicking on the field "I agree with the General Terms and Conditions and confirm that I have read and understood the Privacy Notice ", the user agrees to the GTC and confirms to have read and understood the Privacy Notice.
2.2. The contractual relationship between mybow and the user shall come into existence upon receipt of the registration confirmation from mybow by e-mail to the e-mail address provided by the user. mybow is free to deny the conclusion of a contractual relationship.
2.3. The contractual relationship only concerns the use of the mybow platform by the user. Any legal transactions between the users via the mybow platform, such as purchase, rent, order, provision of services, are only existing between the users and mybow is in no case a contracting party of such legal transactions, but mybow mediates via the mybow platform only the possibility to offer or search and conclude and settle such legal transactions.
3. User Registration
3.1. Registration is required for the use of the mybow Platform.
3.2. Registration is only permitted for natural and legal persons legally capable of concluding a contract with mybow. The registration of a legal entity may only be carried out by a person authorised to represent it, who must be named.
3.3. When registering, only individual persons may be named as holders of the user account.
3.4. When registering, the user covenants that all information entered upon registration is truthful and complete and the user agrees to notify mybow of any changes in such information. The keeping up to date of the information is done directly in the mybow Platform.
3.5. When registering, the user chooses a username and password. Users are obliged to keep their password secret, to adequately protect the devices used by them to access the mybow platform from spying by malware and to notify mybow of any suspected password data breach.
3.6. The user may only register once. He agrees that all activities carried out with his access data on the mybow platform are attributed to him as if they were his own. If the user's access data is misused by third parties, the user is liable as for his own actions. All e-mails or other messages originating from his e-mail address or account shall be deemed to be his own.
3.7. mybow uses the data provided by the user during registration to process the contractual relationship. mybow also regularly sends users messages from the mybow news centre and the mybow newsletter. Detailed information on data processing by mybow can be found in the <mybow privacy notice>.
4. mybow Platform
4.1. mybow provides an application through which users can communicate with each other and advertise and search for offers of any kind (such as service offers, offers for rental, loan or purchase objects) via the mybow platform. The functionalities currently available are described in detail on the mybow Platform.
4.2. mybow is entitled to amend or delete any functionalities subject to section 13 below.
4.3. The user is solely responsible for all content and offers posted on the mybow platform. When using the mybow platform as well as in all other actions or omissions related to the mybow platform (in particular regarding legal transactions concluded by the user with other users), the user is obligated and covenants,
- to comply with the applicable laws, in particular (but not exclusively) the regulations concerning labour law, social security law or tax law obligations
- to make only offers for legally and freely tradable goods and services and to comply with sales and advertising prohibitions as well as sales and advertising restrictions (e.g. age restrictions for alcoholic beverages)
- not to make any offers which are illegal or immoral or which violate ethical principles (child labour, bribery, corruption)
- to comply with the provisions of the contractual relationship between mybow andthe user
- to observe the rights of third parties and in particular not to infringe any copyrights or other intellectual property rights of third parties
- not to make any references to third-party content
- to describe the goods or services offered by him for purchase, exchange, rent or loan correctly and completely, whereby he has to provide information at least on the mandatory fields specified by mybow
- to process the legal transactions concluded with other users via the mybow platform as agreed between the users
- not to carry out any actions that are likely to impair the interests of mybow or to damage the reputation of mybow
- to refrain from any harassing actions such as the sending of chain letters or the distribution of immoral contents
- to use addresses, contact data and e-mail addresses which he has received through the use of the mybow platform only for purposes which are covered by the contractual relationship.
4.4. It is in the user's sole responsibility to secure any information accessible via and stored on the mybow Platform for purposes of bookkeeping, archiving, legal proof or any other purposes on a device or storage place independent of the mybow Platform.
5. Contracts between Users
5.1. Each user may conclude contractual relationships with other users.
5.2. mybow is not party to such contractual relationships. mybow is solely making available the mybow Platform and operating it. Any rights and obligations arising from a contract concluded between users are strictly applicable only to these users. The users are solely responsible for fulfilling the duties arising from these contractual relationships. Any responsibility or liability of mybow in this regard is expressly excluded.
5.3. mybow is free to refuse to publish or to delete already published offers made by a user.
5.4. mybow does not guarantee and does not guarantee that the users of the mybow Platform fulfil or are able to fulfil the contractual obligations owed to each other and that the information provided by them, including their identity, is correct and complete. This is the user's sole risk.
5.5. The users must settle any cases of defects, delays or other disruptions to services with each other. In the event of disputes, users are obliged to take all reasonable steps to reach an amicable agreement. Users may notify mybow of any dispute, mybow, however, is not obliged to mediate between users in order to settle a dispute or take any other action related to such dispute.
5.6. Should mybow be involved in a legal dispute (also pre-litigation) in relation to a contractual relationship between mybow Platform users, these users are liable and each agree to indemnify mybow for the full amount of any costs incurred in connection with such involvement of mybow.
6. mybow Platform Fees
6.1. The user agrees to pay mybow the amount of fees as specified on the mybow Platform. The payment conditions and methods of payment are also specified on the mybow
6.2. The user agrees to ensure to use a valid credit card or other valid method of payment and that sufficient coverage is guaranteed.
7. Rating System
7.1. Each user may rate other users of the mybow Platform.
7.2. The user is obliged to make truthful statements when rating other users. By submitting a review and/or comment, the user guarantees not to submit any reviews:
- of which he knows that they are false
- which violate the copyright or other rights of third parties
- which violate legal regulations or official orders
- which are defamatory, libellous, insulting or discriminatory for an individual or acompany
- for which he has received a payment or other consideration from a third party contain information regarding other websites, addresses, e-mail addresses, contact information or telephone numbers
- that contain computer viruses, worms or other potentially harmful computerprograms or data.
7.3. Any use of the rating system contrary to its purpose is prohibited. This includes in particular entries made by persons connected to each other or non-existent persons or evaluations of themselves.
7.4. mybow does not check ratings or reviews/comments. mybow does not guarantee that ratings, reviews or comments are correct or appropriate. mybow, however, reserves the right to delete ratings, reviews or comments without further notice.
8.1. If mybow has no reason to suspect that the user violates legal regulations, the rights of third parties or provisions of the contractual relationship between mybow and the user or that a user has received multiple negative ratings in the rating system, mybow may take the following measures at its own discretion:
- warning of the user
- deletion of individual entries
- temporary blocking of the user
- final blocking of the user or deletion of his registration and termination of the contract with the user without notice.
8.2. In these cases, mybow reserves the right of legal recourse or recovery of damages from the user.
9. Intellectual Property
All rights pertaining to the mybow Platform remain fully with mybow and the users merely is granted the right to use the mybow Platform subject to these GTC and other specifications on the mybow Platform for the duration of the user's valid registration with mybow.
10. Limitation and Exclusion of Warranty
10.1. mybow shall only be liable to the user in connection with the contractual relationship or the use of the mybow Platform by the user for damages caused intentionally or by gross negligence. mybow is not liable for auxiliary persons. Any further liability for damages directly or indirectly connected with the contractual relationship is excluded, regardless of the legal basis for the damages.
10.2. mybow does not give any guarantees to the user in connection with the mybow Platform and the contractual relationship and excludes any existing legal guarantees. The scope of this comprehensive exclusion of warranty is not limited by the following specific provisions. The same shall apply to the exclusion of liability contained in Section 10.1 above.
10.3. mybow assumes no liability for the correctness, completeness and topicality of the contents of the mybow Platform. Nor is any guarantee given that the mybow Platform is error-free and free of harmful components (such as viruses).
10.4. The mybow Platform may contain links to websites of third parties over whose contents mybow has no influence. mybow does not assume any guarantee or liability for these
external contents either.
10.5. mybow cannot determine the identity of its users with certainty and therefore cannot guarantee that a user will disclose his actual identity. Accordingly, each user must
satisfy himself of the identity of another user.
10.6. mybow strives to keep the mybow Platform available without interruption. However, the user acknowledges that uninterrupted availability of the mybow Platform is not possible
and that the user has no claim to a specific level of availability.
11.1. The user indemnifies mybow against all claims asserted against mybow by third parties (including other users) in connection with the fact that the user has violated the
provisions of the contractual relationship with mybow.
11.2. The user assumes all costs incurred by mybow due to such a violation of provisions of the contractual relationship, including the costs incurred for legal defence (including pre-litigation).
11.3. Any further rights as well as claims for damages by mybow remain reserved.
12.1. The contractual relationship between user and mybow is entered into for the period specified on the mybow Platform.
12.2. Both mybow and the user may terminate the contractual relationship with immediate effect. The notice of termination has to be in writing (e-mail is sufficient). On the part of the user, termination is only possible if there are no ongoing or future contracts with other users.
13. Amendments of GTC, Functionalities or Fees
13.1. mybow may effect changes to the provisions of the contractual relationship, mybow's services and processing or other fees at any time and at its own discretion. Such changes will be displayed to the user on the mybow Platform before they come into effect.
13.2. The user has to confirm the changes. Absent any confirmation, he can only use the services offered by mybow until the end of the contract period applicable to him and thereafter the contractual relationship ends automatically.
14.1. Notwithstanding any deviating provisions of the contractual relationship, mybow is entitled at any time to discontinue the mybow Platform as a whole or individual functionalities or services of the mybow Platform with immediate effect. A notification of the user is not necessary in these cases.
14.2. Supplements, amendments or the cancellation of the contractual relationship are only legally valid in written form, whereby a notification by e-mail or an announcement on the mybow platform is sufficient for changes to the contractual relationship by mybow.
14.3. Should one or more of the provisions of the contractual relationship be null and void, or be or become ineffective, the remaining part of the contractual relationship shall not be affected thereby. In the event of the invalidity or ineffectiveness of a clause, it shall be replaced by a clause that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of gaps.
14.4. The contractual relationship shall be governed by Swiss substantive law, to the exclusion of conflict of law provisions and international agreements.
14.5. Disputes, differences of opinion or claims arising from or in connection with this contractual relationship, including its validity, invalidity, infringement or dissolution, shall be decided exclusively by the ordinary courts at the place of jurisdiction of the registered office of mybow.
GTC mybow [19.07.2019]
2. Responsible Entity
Dozito LLC (Chemin de la Volière 7, 1175 Lavigny, Schweiz, E-Mail: email@example.com) is the responsible entity for any data processing related to the mybow Platform.
3. General Information
The terms “We”, “Us”,” Our” mean Dozito LLC. The terms “You” and “Your” refer to You, as a user or visitor of the mybow Platform. The term "personal data"; refers to all information relating to an identified or identifiable person (hereinafter referred to as "data subject"); an identifiable person is one who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that person.
4. Collection of Data
Information. You may give Us information about You by submitting information on the mybow Platform or by corresponding with Us by phone, email or otherwise. This includes information You provide when You register to use the mybow Platform, participate in discussion boards or other social media functions on mybow Platform, and when You report a problem with the mybow Platform. The information You give Us may include your name, address, email address, phone number, personal description or photograph. Any processing of your personal data is based on a legal basis which is indicated below.
5. Purpose of processing
We process your data for the following purposes:
- to fulfil our obligation to make the services available to you in accordance with the service conditions concluded between you and us
- to inform you about changes to our services
- to ensure that the content of our website is presented on your computer as efficiently as possible
- to inform you via our news center or newsletters about offers and news which we believe to be of interest to you if you have given your consent.
We also process data that cannot be assigned to any person. These are data that do not personally identify you, including anonymous information and aggregated data. This information helps us better understand how our visitors use the Services, analyze demographics, interests and behaviors of our visitors, improve the Services, provide customized services and information to visitors, and similar purposes.
If You contact Us to provide feedback, register a complaint, or ask a question, We will record any Personal Information and other content that You provide in Your communication so that We can effectively respond to Your communication. We reserve the right to use this information in any manner permitted by law, to respond to Your communication.
7. Data collected automatically when You use the mybow Platform
When You use the Services, We receive and store certain information which may include Your Personal Information, regarding Your use of the Services. Examples include IP addresses, browser types, domain names, and other statistical data regarding Your use of the Services. We may use this data in a way that does not disclose any of Your personally identifiable information, including, but not limited to, for purposes of developing new product and service offerings.
We may send cookies to Your computer in order to uniquely identify Your browser and improve the quality of Our service. The term “cookies” refers to small pieces of information that a website sends to Your computer’s hard drive while You are viewing the site. We may use both session cookies (which expire once You close Your browser) and persistent cookies (which stay on Your computer until You delete them). Persistent cookies can be removed by following Your browser help directions. If You choose to disable cookies, some areas of mybow Platform and Services may not work properly or at all.
9. Disclosure of Information
We may disclose Your Personal Information:
(a) Legal obligation
In response to a request for information if we believe such disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation.
(b) Violation of Terms of Services
(c) Disclosure to Third Parties
If necessary, we transmit personal data to third parties such as partner companies or providers of services (e.g. for billing purposes).
Our Website and Services may contain links to third party websites to which We have no affiliation. Except as set forth herein, We do not share Your Personal Information with those third parties, and are not responsible for and accept no liability for their privacy practices. We suggest You read the privacy policies on all such third party websites.
We take commercially reasonable steps to protect Your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We use up to date TLS-encryption that your systems support when transmitting data via Our systems. However, We cannot guarantee that all Internet or email transmission is fully secure or error free and except for Our guarantee to use commercially reasonable and up to date measures to technically secure any data transmission, We cannot guarantee their absolute security and We therefore cannot be held liable for intercepted information sent via the Internet or for third parties using revoked, stolen, forged, or otherwise insecure certificates. You should therefore take special care in deciding what information You send to Us via email and keep this in mind when disclosing any Personal Information to Us or to any other party via the Internet.
12. Retention Period
We store your personal data for as long as is necessary for the purpose for which it was collected or for fulfilling our legal obligations, such as statutory retention periods. The data will be deleted at the latest within one month after the respective purpose no longer applies.
13. Your Rights
You as the data subject are entitled to extensive rights which you can assert against us. Upon request, we will inform you in writing, in accordance with the applicable statutory provisions, whether and, if so, which personal data we have stored about you. You can inspect your personal data at any time and free of charge and demand its correction and/or deletion and/or locking. For this purpose and/or to obtain further information, please contact us at firstname.lastname@example.org. You have the right to receive the personal data we hold about you in a tructured, common, machine-readable format. You also have the right to file a complaint with the relevant data protection authority.
14. Existence of an Automated Decision Making Process
As a responsible company, we refrain from automatic decision-making or profiling.
15. Conditions and Changes to this Privacy Notice
We are free to change this privacy notice at any time. The new version will always be posted on this website. These changes will be effective immediately for new users of our services and will become effective for existing users through continued use of the services after the effective date of the posted change. If you do not wish to approve the changes to our use of your personal information, you must notify us before such changes take effect that you wish to deactivate your account with us. Please note that you are always responsible for keeping your personal information up to date and providing us with your current contact information.
mybow Privacy Notice [19.07.2019]