General terms of business for the use of Chemistry-Check
Version 08 October 09
"Chemistry-Check" refers to the body scent test of basisnote AG, Sandrainstrasse 3, CH-3007 Berne (hereinafter referred to as "basisnote") for partner matching and described at www.basisnote.com and on online-dating platforms authorised by basisnote (hereinafter referred to as "Authorised Partner Websites") and which can be ordered via the Authorised Partner Websites at basisnote.
"User" refers to persons who order a chemistry check and use it to register with basisnote.
Applicability:
The General terms of business (hereinafter referred to as "AGB's") govern all rights and obligations between basisnote and the user in conjunction with the purchase and use of Chemistry-Check and the use of its results and are considered an integral part of the agreement.
The user accepts these AGB's with the order of Chemistry-Check and the registration required for this at basisnote.
The user can access, print, download or save these AGB's at any time, also after concluding an agreement, at www.basisnote.com.
Requirements for the conclusion of an agreement:
The offering of basisnote is aimed exclusively at persons registered with Authorised Partner Websites who are 18 years of age and older. Agreements with minors are null and void regardless of any parental permission.
Order:
The offer by Chemistry-Check published on Authorised Partner Websites only serves as an invitation to provide an offer and is subject to change and non-binding. By clicking on the "Send" button in the last step of the ordering process, the user is sending a binding application to conclude an agreement to basisnote. This application is binding and irrevocable and the agreement is considered to have been made with the acceptance statement from basisnote.
Delivery:
The delivery time is generally 2-4 business days for deliveries in Switzerland. The delivery time can be up to three weeks for deliveries abroad. Delivery costs, duties and taxes incurred can be billed to the user for deliveries abroad.
Obligations of the user:
- the user is obligated to only provide correct information;
- each user may only register once and only create one user profile;
- the user may order Chemistry-Check only for his own use and to his own address;
- the user is obligated to use Chemistry-Check exclusively according to the Online Assistance and as described at www.basisnote.com> and at the Authorised Partner Websites.
Accordingly, the user is prohibited from performing the following actions:
- registration using false information;
- multiple registrations or the creation of several profiles by the user;
- ordering a Chemistry-Check for another person or allowing the use of Chemistry-Check by another person than the registered user;
- any use of Chemistry-Check or its test results deviating from the online assistance and outside of the authorised partner websites, except with the prior written permission of basisnote;
- decryption, copying and dissemination of Chemistry-Check or its components.
Term/termination of the agreement:
The agreement is concluded for an unlimited period of time.
The user can terminate the agreement any time without providing reasons by deleting his profile. Specific information on the data deletion process is listed on the basisnote website < www.basisnote.com>. Termination of the agreement results in the irrevocable deletion of all user information which is in the possession of basisnote.
basisnote can terminate the agreement for good reason. Good reason particularly applies if the user violates the terms of these AGB's or other contractual provisions or uses Chemistry-Check for illegal purposes. In this case, basisnote can immediately block usage of Chemistry-Check on the basisnote website and Authorised Partner Websites.
A claim by the user for the reimbursement of previously paid compensation is precluded.
Warranty:
basisnote guarantees that Chemistry-Check can be used according to the description of services, as described at
The user is to review the tools received for the Chemistry-Check upon receipt. Defects to the tools of Chemistry-Check are to be reported and specified within seven days following delivery by e-mail and sent to the e-mail address for support of the authorised partner website. However, basisnote does not make any guarantee for damages which are not the fault of defects, particularly not for defects which are attributable to defective usage or that which does not correspond to online assistance or for external effects on the Chemistry-Check tools. The user is exclusively entitled to the right of replacement goods and services.
Liability:
The liability of basisnote is limited to proven, direct damages which were caused by basisnote due to malicious intent or gross negligence. Any liability by basisnote which goes beyond this scope, regardless of the legal reason, is precluded. Particularly precluded is the liability of basisnote for damages which result after transfer of the Chemistry-Check tools, in the event of data losses or data changes on the electronic transmission channels of third parties or on Authorised Partner Websites or which occur as the consequence of test results, a successful or an unsuccessful matching with other persons. Furthermore, basisnote is not liable for costs which the user incurs to third parties, including Authorised Partner Websites in order to create access to the benefits of basisnote.
Also precluded is any liability for damages due to force majeure, such as computer viruses, power failures, strikes, natural disasters, official orders and regulations, interruptions of service beyond the control of basisnote.
Data protection:
The protection of the user's personal information is a central concern of basisnote. basisnote complies with valid Swiss data protection laws and has an internal data protection manager who independently monitors the company’s internal compliance with data protection laws.
The personal information transferred from the user to basisnote is used by basisnote exclusively to perform the services which are the subject matter of the agreement in relation to the user, for the purpose of improving services and for one's own marketing purposes, for which the user provides his explicit approval.
Furthermore, the user acknowledges this and provides his explicit approval that the data on the assignment to one of the 16 chemistry types can be made known to the operator of one of the authorised partner website via which the user has ordered Chemistry-Check. Any transfer of data which goes beyond this scope to the relevant authorised partner website or a data transfer to other parties shall not occur except with prior explicit permission from the user.
The user is able to delete his information at basisnote at any time.
basisnote reserves the right to analyse anonymous personal information for research purposes and to evaluate it.
Amendments to the AGB's:
basisnote reserves the right to change these AGB's at any time without indicating the reasons. basisnote shall inform the user about any amendments to the AGB's by email to the last e-mail address communicated to basisnote. If the user does not object to the applicability of the AGB's within two weeks following notification, the amended AGB's are considered accepted by the user. If the user does object to the applicability of the new AGB's, the agreement with basisnote ends and the users profile with all data are deleted. basisnote shall inform the user in the notification about his right to object and the legal consequences of an objection.
Final provisions
If individual provisions of these AGB's should be or become invalid, the validity of the remaining provisions shall remain unaffected. The contractual partners are obligated to replace an invalid provision with a valid provision which most closely approximates the desired meaning and purpose of the invalid provision in the financial sense. This also applies in the event of contractual lacunae.
Jurisdiction:
The relevant courts in Berne are exclusively liable for all legal disputes resulting from this agreement.
Applicable law:
Swiss material law is applicable to this contractual relationship, with exclusion of international private law and in particular the Vienna (U.N.) convention on contracts for the international sale of goods
Version: 08 October 2009
