MYBONITOS AG (hereinafter referred to as "MYBONITOS") operates a social networking platform among various top-level domains (mybonitos.com, mybonitos.ch, mybonitos.de) through which registered members can make available ratings and recommendations of products (hereinafter referred to as "MYBONITOS platform").
With the use of the MYBONITOS platform, you agree to these Terms and Conditions of Use. For the processing of personal data, our shall apply.
1.1 These Terms and Conditions of Use shall apply to all services and products of MYBONITOS independently of what top-level domain the user registers or logs on from.
1.2 The offer of MYBONITOS exclusively addresses persons of legal age. By the registration of your profile and the use of our services, you assure us that at the time of registration you are or were of legal age.
1.3 Visitors Non-registered visitors only have access to particular features of the MYBONITOS platform. As a non-registered visitor, you accept these Terms and Conditions of Use including the Data Protection Declaration by using our services. If you do not accept these Terms and Conditions of Use, you have to refrain from using our services.
1.4 Members The use of the extended range of services of the MYBONITOS platform requires you to register as a member. Each member may only register once and only set up one membership account. You have the option to register for a free basic offer (hereinafter referred to as "free membership") or an extended services offer against payment (hereinafter referred to as "premium membership"). The corresponding information about the range of services on the MYBONITOS platform is non-binding. You are entitled to make use of services from the range of free and payable services available at the time of use. As a member, you accept the Terms and Conditions of Use including the Data Protection Declaration by activating the respective input field. The contract on the use of the range of payable services comes into effect through payment of the corresponding fees. MYBONITOS activates your premium membership after receipt of the confirmation of payment of the amount due. For premium membership and any other payable service offers, MYBONITOS grants its members the right of cancellation within two weeks after activation of the premium membership or after the obtainment of any other payable service offers, which, up to and including 14 days after activation of the premium membership or after the obtainment of any other payable service entitles you to revoke such in writing without statement of reasons by registered letter sent to the address stated in the Contact column. The cancellation period is observed if the cancellation is posted on the last day of the period. At cancellation within the period stipulated, MYBONITOS shall refund you for the payment already made. If the cancellation concerns services that were already obtained in part, the refund shall be proportional.
2.1 Obligation to give truthful information
Members are obligated to give truthful information when registering and also during the use of the range of services. You may freely choose your user name, but at the registration of the membership profile, you are not allowed to use pseudonyms or aliases instead of your real first name and surname. If you upload a photograph of yourself to the profile, this should be a true likeness and easily recognisable picture of yourself.
You guarantee to MYBONITOS and also to the other members that all registration information submitted by you is truthful and accurate, and that you ensure the accuracy of this information for the duration of membership.
2.2 Obligation to exercise care in the use of access data
Whosoever registers as a member is requested to choose a user name and a password. You undertake to select an appropriate password and carefully store and keep it secret, protect it against access by third parties and not pass it on to third parties. Only you as the holder of the membership account are authorised to use the account and may not make it available, sell it or otherwise assign it to third parties. You are liable towards MYBONITOS for all damage resulting from the abuse of the access data by yourself and third parties.
You undertake never to use the membership account, the user name or the password of another member.
2.3 Use of the range of services
Visitors and members are entitled to make use as intended of the range of services of MYBONITOS and undertake to observe the present Terms and Conditions of Use and comply with any instructions by MYBONITOS concerning the use of the MYBONITOS platform.
You in particular undertake to refrain from any use of the MYBONITOS platform in violation of any legal regulations in force, the present Terms and Conditions of Use or offend public decency. The following acts in particular are inadmissible:
distributing or making available criminal content such as pornographic, violence glorifying, racist, defamating or any other content in violation of the Penal Code;
uploading and distributing of content in violation of third-party personality rights (e.g., the uploading and circulation of photographs without the authorisation of the persons pictured);
uploading and distributing of content that infringes intellectual property rights of third parties (e.g., the unauthorised use of a trademark or the unauthorised use of copyrighted works such as, for instance, pictures, videos, etc.);
committing or participating in a criminal offence (e.g., fraud, violation of trade secrets, falsification of documents, duress, threat, unauthorised gambling, etc.), by making use of the range of services.
2.4 Prohibition of commercial use
All services are exclusively intended for your personal use and may not be used for commercial purposes without express prior consent from MYBONITOS. MYBONITOS is entitled to remove commercial advertising, secondary links and other requests at any time and without preannouncement from your membership profile and terminate your membership without notice in substantiated cases.
2.5 Uploading of content
Every member is solely and fully responsible for the content of the information circulated by him or made available for downloads (ratings and recommendations of the products and services of third parties, other texts, pictures, audio/video files) on the MYBONITOS platform and also for all references (links in particular) to such information.
By making content available or accessible through the use of the MYBONITOS platform, you grant MYBONITOS a non-exclusive and free worldwide concession (with authorisation for sublicensing to an unlimited number of license holders) to use, copy, modify, adapt, translate, publicly display, publicly advertise, store, reproduce, transfer and sell this content. This granting of rights is unlimited in time, and continues without restriction beyond any termination of your membership.
You confirm to MYBONITOS and guarantee that you are entitled to grant MYBONITOS these rights, and that the provision of content is not in violation of any applicable laws, the present Terms and Conditions of Use and third-party rights. You accept to pay all charges and other fees, including damages, attributable to your provision of content.
2.6 Communication with other members
You are solely responsible for your communication with other members. MYBONITOS cannot control or monitor possible communication by way of the MYBONITOS platform (e-mail, chat, instant messaging, etc.) between members or the recommendations of third-party products and services published by you or other members.
MYBONITOS reserves the right, however, to monitor any disputes between members and to follow up on any complaints against you and take suitable measures. In the event of complaints against you, MYBONITOS is furthermore entitled to impose appropriate sanctions against you, such as, for instance, the blocking or complete deletion of your membership account.
2.7 Formation of and membership in groups
MYBONITOS offers its members the possibility to set up an own group on the MYBONITOS platform or to admit members to the group or to join an already-existing group yourself. The founders of a group are given the corresponding administrator rights to admit additional members to the group. These founders may freely decide on the admission or rejection of members, and there is no right to be admitted to a certain group.
2.8 Prohibition of the collection of data and automated use of the system
The electronic and other collection of user names and/or e-mail addresses of other members for the sending of unsolicited e-mails and also the sending of "junk mail", "chain mails" or mass mailings and mass instant messaging, as well as any automated use of the system are prohibited (e.g., by means of scripts).
Any action that may impair the functionality of the platform infrastructure, in particular overloading of such, is also prohibited.
2.9 Duty of notification
Every member undertakes to notify MYBONITOS without delay if it suspects the unauthorised use of its access data or its membership account or gains knowledge of any other abusive use of the services and products by a third party or another member. You should address such notifications to info@mybonitos.com.
2.10 Data protection
Every member is individually responsible for the protection of content saved to his membership profile and made available through the MYBONITOS platform. MYBONITOS will not assume any guarantee whatsoever for such.
On termination of the membership, MYBONITOS has the right to promptly delete your data saved to the MYBONITOS platform without further notice.
3.1 MYBONITOS provides its members with disk space on one of the servers connected to the Internet for the storage of membership profiles and the content made available by the members by way of the MYBONITOS platform. MYBONITOS endeavours to provide services on a 24-hour basis without downtime and interruptions as allowed by operational resources. Maintenance, trouble-shooting, expansion of services, etc. may necessitate temporary interruptions to operation. MYBONITOS will make notifications of such interruptions to operation through the MYBONITOS platform if they are foreseeable and advance notice is at all possible under the circumstances.
3.2 MYBONITOS endeavours to expand and optimise the range of services in accordance with the requirements of its members. MYBONITOS expressly reserves the right, however, to make free services subject to payment at any time and without previous notice, or to reduce the range of free services at any time and without previous notice and/or discontinue certain features. Such changes will in each case be announced by MYBONITOS on its website.
MYBONITOS also reserves the right to change the contractual conditions at any time. MYBONITOS will announce any increases in price or reduction of services at your expense during the term of contract to you by e-mail, to the e-mail address registered at your membership account. If you do not accept these changes, you have the option to notify us of such in writing by registered letter within 30 days of receipt of the notification and terminate the contract at the end of the month. In the event of termination, you are entitled to the reimbursement of the payment you might already have made for the period of membership not used. In the absence of a written notice within this period, you accept these changes.
3.3 There is no right to publication of content uploaded on the MYBONITOS platform by a member. MYBONITOS reserves the right to refuse the publication of content at its own discretion and to delete already published content of any kind without previous notice and statement of reasons.
3.4 MYBONITOS reserves the right, in the case of a concrete indication or founded suspicion of illegal behaviour and/or violation of the present Terms and Conditions of Use or the Data Protection Declaration, to take appropriate measures or impose sanctions against you and, in particular, block or completely delete your profile and membership account without previous notice and take the possible legal action. In the presence of a corresponding court or administrative order, MYBONITOS is moreover obliged to surrender your data to the prosecution and legal authorities.
4.1 All content published by MYBONITOS on the MYBONITOS, platform including the website or parts thereof, are the intellectual property of MYBONITOS and may only be employed for your private use. Any other use is subject to authorisation by MYBONITOS. It is in particular not permitted to modify, use for commercial applications of any kind or propagate content of MYBONITOS without prior consent of MYBONITOS.
5.1 Every member is individually responsible for the content of all information which is conveyed, published, propagated or otherwise made available through the website of MYBONITOS and also for his communication with other members. We therefore request you to carefully select the information that you publish and make available to others via MYBONITOS and to observe the applicable legal requirements.
5.2 You will be liable to MYBONITOS for all losses that are attributable to violations of the contractual and statutory obligations. In particular, you undertake to keep MYBONITOS safe and harmless against any third-party claims resulting from the use of the range of services in violation of any law or in breach of contract and to fully compensate MYBONITOS for all costs incurred as a result (including any legal and court fees).
6.1 Exclusion of liability
Liability of MYBONITOS in the context of minor negligence for direct and indirect loss, extracontractual damage, consequential damage, loss of profit, loss of revenue and production as well as loss of data is fully excluded. Mandatory statutory provisions on liability are reserved.
6.2 No guarantee of availability of the website
MYBONITOS provides its services with due care and professional competence. MYBONITOS provides its services via the open Internet and cannot guarantee an uninterrupted availability and the flawlessness of the services. MYBONITOS is not liable for any interruptions in operation and/or technical disruptions and their effects. MYBONITOS will therefore not assume liability for any damage that you incur due to the loss of data or the inability to establish a connection to the Internet or to send or receive information.
6.3 No monitoring of content and use of services
The service of MYBONITOS will be limited to the provision of any content generated by MYBONITOS and also to the provision of a platform for the exchange of information and content by members amongst each other. The MYBONITOS platform and the content contained on it are only intended for use admissible in accordance with the present Terms and Conditions of use.
MYBONITOS does not guarantee the accuracy or completeness of the information and content contained on the MYBONITOS platform. MYBONITOS will not assume any responsibility for the monitoring of services as regards inappropriate content or inappropriate behaviour of members. The rankings and recommendations on third-party products and services by users made available on the MYBONITOS platform only reflect their personal opinion and is solely their responsibility.
Even if MYBONITOS, at its own discretion, decides to monitor the services, MYBONITOS will neither assume responsibility for content nor for the modification or deletion of inappropriate content or for the behaviour of the members who publish this content.
MYBONITOS does not therefore guarantee and assume liability for content or the accuracy and reliability of content, information or other messages that members make available on the MYBONITOS platform.
6.4 No verification and guarantee of the identity of members
MYBONITOS may not perform a verification of the identity of the members registered on the MYBONITOS platform, and is not obliged to check whether a member registered on the MYBONITOS platform actually is the person that the member claims to be. MYBONITOS does not therefore guarantee the true identity of a member. You yourself must therefore make sure of the true identity of another member.
6.5 No liability for third-party offers and websites
MYBONITOS also presents third-party offers and/or provides links to third-party offers and websites on its website. In addition, profiles that members generate and publish on MYBONITOS may also contain such links to third-party offers and websites. MYBONITOS does not assume responsibility for these offers and the content of third-party websites and expressly excludes any liability in connection with third-party offers and content. MYBONITOS therefore requests you to consult the General Terms and Conditions of Business and Use of the respective providers prior to making use of such an offer.
For the processing of personal data, MYBONITOS observes the data protection provisions applicable which are stated in more detail in the Data Protection Declaration/Privacy Policy. By making use of our services, you accept our Data Protection Declaration/Privacy Policy.
8.1 General
These Terms and Conditions of Use retain full validity without restriction for the entire duration of the respective membership.
8.2 Free services
MYBONITOS reserves the right to terminate free memberships at any time without pre-announcement, or to declare services of the free range of services subject to payment.
You may terminate your free membership at any time by sending us a message regarding the termination of membership on the general contact form accessible from any website of the MYBONITOS platform. Notification of termination by post to the address specified in Contact is also possible. Upon receipt by MYBONITOS, your membership will be terminated and your membership profile deleted as soon as possible.
8.3 Services subject to payment
Payment for premium membership or any additional services subject to payment is immediately payable on invoicing for the full term chosen at the conclusion of the contract. If you choose payment as per invoice, MYBONITOS has the right to send you the invoices for services subject to payment by post or e-mail. Upon receipt of the payment, MYBONITOS activates the services you paid for.
The respective contract shall apply for the initially-agreed term, and is automatically extended by a contractual period identical to that of the first term if not terminated by you or MYBONITOS with notice of 14 days prior to expiry of the contractual period in question. You may also notify MYBONITOS of your termination by the contact form accessible from any website of the MYBONITOS platform or by registered letter. The notice of termination must contain at least your user name and an e-mail address registered in your membership account. Upon termination of the premium membership, your membership automatically reverts to free membership.
In the event of an infraction of the present Terms and Conditions of Use or the legal regulations, MYBONITOS has the right to terminate your membership with immediate effect. In such a case, any right on your part to reimbursement of the payment you might already have made for the unused period of membership shall no longer apply.
9.1 Changes to the Terms and Conditions of Use
MYBONITOS reserves the right to modify the Terms and Conditions of Use at any time. MYBONITOS will announce any changes on its website and such will become effective within 30 days of their publication. By continuing to use the services after the modified Terms and Conditions of Use take effect, you agree to the new Terms and Conditions of Use. For this reason, it is important for you to consult the website regularly, to make sure that you are informed of all changes.
You may access, print and download the latest Terms and Conditions of Use at any time via the link accessible on any website of the MYBONITOS platform.
9.2 Severability clause
Should individual provisions of these Terms and Conditions of Use be or become invalid, the validity of the remaining provisions shall not be affected by this. The invalid provision shall be replaced by a provision as close as possible to the intended meaning and purpose of the invalid provision.
9.3 Applicable law and place of jurisdiction
Any disputes arising from these Terms and Conditions of Use and/or in connection with the use of the services and/or the contractual relationship between a member and MYBONITOS shall be exclusively governed by substantive Swiss law.
The exclusive place of jurisdiction are the competent courts of the registered office of MYBONITOS AG. Alternatively, MYBONITOS is entitled to take legal action against you at your domicile.