AGB

Data protection guidelines and terms and conditions for the use for value-added services from Smiles Solutions AG (hereafter Service Provider).

Smiles Solutions AG
Dammstrasse 19
6300 Zug Switzerland

Customer hotline:   +41 (0)848 11.14.84
Email:info@smilessolutions.ch
Web:www.smilessolutions.ch

 

Data Protection Guidelines and Security

The Service Provider shall use all technological options and reasonable measures to protect the stored data. Should a third party succeed in accessing, or using, the data stored in the Service Provider’s care in an illegal manner despite such measures, any liability on the part of the Service Provider and their contractual partners shall be excluded.

The customer hereby declares themselves in agreement that contractual partners linked with the Service Provider’s web site, who shall be subject to the data protection provisions and guidelines to the same extent as the Service Provider, may view any possible personal data (information about the usage data, identifying information such as cell phone numbers, names, email and postal addresses) associated with the participant and may save, collect, and process said data and transfer such to third parties. The participant’s usage data will be statistically evaluated in an anonymous manner. Economic use of the personal data will occur within the scope of the respective guidelines for data protection legislation and for the cell phone providers or upon presentation of any authorizations required by the customer.

The Service Provider may transfer customer data to official authorities, courts and companies entrusted with the collection of debts or credit information, if said transfer will done for the enforcement of claims. The Service Provider will use customer data for the contractual fulfillment of the services offered in conformance with the law, for the maintenance of the customer relationship and for the distribution of offers. The customer hereby declares themselves in agreement with the storage and utilization of their data by the Service Provider to its fullest extent. The customer may forbid the usage and processing of their data for marketing purposes at any time. An appropriate notification must be sent to the Service Provider with the specification of the customer data by email to the following address: info@smilessolutions.ch

The customer hereby expressly declares themselves in agreement that telephone conversations may be recorded for assurance of customer satisfaction and for proper processing of customer complaints affecting the services provided and the exchange of contact data may be recorded in journals. Such records may only be used for customer complaints and officially mandated processes. Improper transfer of said data to third parties shall be forbidden.

1. Scope of application and object of the general business terms and conditions

Both free of charge and subject to fees, the Service Provider provides and offers predominantly erotic and non-erotic services and platforms in the medium of entertainment through value-added services.

These general terms and conditions shall apply with regard to any services that the customer may access in any possible manner, regardless of whether the Service Providers offers such by telephone (interactive voice response, IVR), the Internet, mobile Internet, SMS or MMS cell phone services and similar technologies. The customer shall be a natural person or legal entity, who uses Internet, mobile Internet, TV or teletext and print media offers and content, makes use of such by telephone or through other services that will be provided by the Service Provider or have been registered with regard to such services with the Service Provider. Upon the usage of one or more services, the customer declares themselves in agreement with the application of the general terms and conditions in an irrevocable and consensual manner.

Participants who make use of advertisements for contact that are free of charge, telephone (IVR) and SMS services will automatically receive a free newsletter, which will periodically notify them of potential new dating partners via SMS and email. Should the customer have no interest in this service, they may un-register free of charge at any time by sending an email to info@smilessolutions.ch.

The Service Provider will not accept any general terms and conditions contrary to these terms and conditions or special or general contractual provisions, which are invalid for the relationship between the Service Provider and the customer. The Service Provider provides links to third-party marketing platforms among other services. The general terms and conditions of third parties shall apply to the extent that use will be made of the services of the respective third party. The Service Provide ultimately brokers contact with such marketing platforms. A contract will be arranged between the customer and the third party, not with the Service Provider.

2. Contractual Origination

By using the services (regardless of whether by telephone, cell phone, Internet services or similar means), a free-form contractual agreement shall be arranged between the customer and the Service Provider. The content of the service and its scope shall result from these general terms and conditions and from any possible individual agreements. The Service Provider may make the acceptance of the contract dependent on the provision and verification of various data (such as: verification of age, address, email address and similar data). The customer shall affirm that the information provided by them shall be truthful. In each case, the Service Provider shall have the right to reject the conclusion of a contract and shall be authorized to withdraw from the contract at any time, should the customer have provided incorrect information during registration or other be in breach of these terms and conditions in any manner.

The customer must ensure for their part that technical and factual prerequisites for the reception and use of the data and content exist. Non-fulfillment of these prerequisites shall not have any effect on the arrangement and the continuing fact of the contract between the customer and the Service Provider.

3. The Service Provider’s services

In the field of the provided services, the Service Provider shall offer the customer the ability to make use of various prepared services including explicit, professionally animated services. The Service Provider shall have the right to modify the type, scope, price, relational conditions and channels of the services provided by them at any time and completely block access to those services in cases of payment default, suspicion of misuse or for other reasons. Costs for the connection, for downloading data and similar costs of the respective cell phone providers or service providers may arise when using the services regardless of their price, even for services free of charge, which are not the object of the contract between the customer and the Service Provider. Additional, supplementary provisions for gambling platforms that pay winnings, which are, or will be, published on the respective gambling sites shall apply in addition to these general terms and conditions.

4. Transmission of advertisements

If the customer uses one of the services offered by the Service Provider, they shall be irrevocably, and for unlimited time, agreeing to the transmission of advertisements, offers and information of every type, meaning that the customer declares themselves prepared to receive advertisements of any currently popular type as well as through all media channels currently in use, such as mail, email, SMS, MMS and others not indicated here upon use of one of the services provided by the Service Provider. The unlimited, unrestricted transmission of SMS and MMS as well as the unlimited, unrestricted transmission of advertisements, offers and information of any type by mail, email and through any other possible means shall be viewed by the customer as explicitly authorized, however may be terminated by email or phone call to the Service Provider at any time.

If the customer uses free advertisements for contact, telephone (IVR) and SMS services, they will automatically receive a free newsletter, which will periodically notify them of potential new dating partners via SMS and email. Should the customer have no interest in this service, they may un-register at any time by sending an email to info@smilessolutions.ch or by calling +41 (0)848 11.14.84. Advertisements referred to in this article do not fall into the category of undesired spam messages.

5. Customer’s obligations

The customer shall be obligated to provide required personal data truthfully when registering. The customer shall be obligated to pay the agreed upon compensation. The customer shall be obligated to take steps to protect their phone line, Internet and cell phone connections against misuse. The customer shall be responsible for the use of their connections and must take responsibility with regard to the Service Provider for use, even if misused or unknowingly used, in any event and bear the costs. The customer acknowledges that they are entirely responsible for all activities exercised through their connections, as the owner of said connections or of the registered accounts created thereby, in particular for payment, purchases or contractual extensions to other services, terms and so on and ordering additional, charged offers from the Service Provider. The customer shall be released from the service from the time, when they have notified the Service Provider of a blockage of the connection. Notification of the block with the telephone company shall not suffice for such release. The Service Provider must be notified of the blockage of the service.

The services shall be made available to the customer exclusively for private purposes. The customer may only use that content provided to them for their own purposes. Transfer of the content to third parties is forbidden in all cases. The customer is hereby notified that the publication of pornographic materials is forbidden in accordance with Article 197 of the Strafgesetzbuch (Swiss criminal code). In particular the exhibition of minors is punishable. To the extent that the customer has been issued a password as part of the use of a product from the Service Provider, the customer shall be obligated to keep said password secret. Transfer of said password to third parties is forbidden. If the customer becomes aware that a third party has gained knowledge of the password, they shall be obligated to inform the Service Provider immediately and apply for a blockage of the password. Until the customer has applied for such blockage, they shall be held liable for the expenses arising from the use of the password (in particular for access to the Service Provider’s products).

6. Guarantee and liability

No liability shall be accepted for statements and information provided in the advertisements and prepared offers. The Service Provider shall not accept any guarantees for successful, personal contact with the members and/or people advertising for contact purposes. The fact that people advertising for contact may reside in foreign countries and may use pseudonyms for their own protection cannot be excluded. The use of a pseudonym is recommended for the customer for their protection.

The Service Provider shall make efforts to provide products and services that correspond to the highest possible level of actuality and functionality. To make such levels possible, periodic inspection and maintenance work will be required, which may limit the availability of several or all products and hinder such temporarily. The transmission of the content and services of third parties may be similarly delayed temporarily. The Service Provider shall make every effort to keep downtime as brief as possible in the customers’ interests. The customer shall condone possible limitations related to such efforts to an extent appropriate for such efforts. The Service Provider shall not be liable for system crashes involving network providers, service providers or similar. The Service Provider does not guarantee that the services will be accessible without interruption or that the desired connections will be able to be established at any time or that stored data will remain available under all conditions. An interruption of the accessibility of the services for the customer shall not authorized them to claim damages.

The Service Provider explicitly rejects any liability and guarantee, which might arise in connection with the use of the content by the customer. This applies in particular for:

  • The publication of content of advertisements made by people advertising contact, be they private people, companies or others, in the newsletters, brochures, attachments, correspondence, Internet or other media
  • The quality of the services made available
  • All third-party information accessed through links
  • Any damages that might arise for the customer with their hardware and/or software through the Service Provider’s programs
  • The customer’s anonymity

Liability for immediate and subsequent damages shall be excluded in any event. In particular, the Service Provider does not accept any liability for the transfer of damaged or damaging data (such as trojans, dialing programs and viruses).

7. Copyright protection

Content made available by the Service Provider is protected in whole or in part. The use and payment of the services by the customer does not include transfer of any rights to use immaterial goods. All copyrights, rights of use and other protected rights shall remain with the Service Provider or their contractual partners. Downloading, storage and execution of the unmodified programs for personal use is permitted in the sense of the general terms and conditions. Any other use, in particular transfer of the content to third parties (including uploading to the Internet), is forbidden. Likewise, any commercial use of the content made available is also forbidden.

8. Data protection

The Service Provider shall use all technological options and reasonable measures to protect the stored data. Should a third party succeed in accessing, or using, the data stored in the Service Provider’s care in an illegal manner despite such measures, any liability on the part of the Service Provider and their contractual partners shall be excluded.

The customer hereby declares themselves in agreement that contractual partners linked with the Service Provider’s web site, who shall be subject to the data protection provisions and guidelines to the same extent as the Service Provider, may view any possible personal data (information about the usage data, identifying information such as cell phone numbers, names, email and postal addresses) associated with the participant and may save, collect, and process said data and transfer such to third parties. The participant’s usage data will be statistically evaluated in an anonymous manner. Economic use of the personal data will occur within the scope of the respective guidelines for data protection legislation and for the cell phone providers or upon presentation of any authorizations required by the customer.

The Service Provider may transfer customer data to official authorities, courts and companies entrusted with the collection of debts or credit information, if said transfer will done for the enforcement of claims. The Service Provider shall use customer data for the contractual fulfillment of the offered services in conformance with the law, for the maintenance of the customer relationship and for the distribution of offers. The customer hereby declares themselves in agreement with the storage and utilization of their data by the Service Provider to its fullest extent. The customer may forbid the usage and processing of their data for marketing purposes at any time. An appropriate notification must be sent to the Service Provider with the specification of the customer data. The customer hereby expressly declares themselves in agreement that telephone conversations may be recorded for assurance of customer satisfaction and for proper processing of customer complaints affecting the provided services and the exchange of contact data may be recorded in journals. Such records may only be used for customer complaints and officially mandated processes. Improper transfer of said data to third parties shall be forbidden.

9. Prices and fees

The current prices and fees, and their determination, shall be oriented towards the offer concluded by the customer and shall respectively include Swiss VAT. The determination of the fees shall be clearly and plainly visible directly and immediately with the offer or the service.

The prices indicated in any advertisements for contact shall apply for the advertisement. The prices for all services made available by the Service Provider shall be indicated in the advertisement or with the product. The Service Provider retains the right to make modifications or supplements to the information provided, as well as the date, price and rebate without notification. Changes to the VAT or other authoritative fee rates shall authorize the Service Provider to adjust their fees with prior notification. The customer does not have a right of termination or withdrawal in such cases.

10. Payment conditions

All services will be invoiced by a third party (telecommunications company or collections agency). The customer shall be obligated to make payment to said company. Questions in connection with invoices and such matters must be sent to the invoicing company, which shall determine further processing. Settlement invoiced to the customer shall relate to access to the services offered by the Service Provider.
Some partners’ invoices sent to the customer shall be related to access to Internet content, the use of chargeable telephone services or other services as part of access usage, which were used in the period specified in the invoice for payment of telephone connections or for payment of Internet connections by the customer, either personally or by persons that had access to the telephone or Internet connection. The invoice will be created on the basis of the customer’s telephone number recorded for usage of the service as well as on the basis of connection information (such as the IP address) secured during the use of the service. The services used by the customer and the point in time will be indicated in the invoice. The connection charges, data download fees and similar charges for the respective cell phone or service provider will not be the object of the invoice. The corresponding companies will invoice such charges directly to the customer.
The customer shall be obligated to make payment for the amount owed within 10 days of receipt of the invoice. If the customer does not meet their payment obligation by the payment due date, they shall be in default upon the expiration of that period without dunning notice.

For payment default, the customer will have to pay the following conventional penalties.
1.    A late payment fee of CHF 15.00 per dunning notice will be invoiced.
2.    Interest on the default amount at 5% p.a. will be invoiced.
3.    Damages for default will become due for payment in accordance with Article 106 of the Obligationenrecht (Swiss code of obligations), which will be oriented on the following table.

Claim from (CHF)

To (CHF)

Minimum fee (CHF)

Maximum fee (CHF)

0.00

400.00

44.00

145.00

401.00

1,000.00

145.00

225.00

1,001.00

2,000.00

225.00

285.00

2,001.00

3,000.00

285.00

385.00

3,001.00

5,000.00

385.00

575.00

5,001.00

7,000.00

575.00

685.00

7,001.00

10,000.00

685.00

825.00

10,001.00

20,000.00

825.00

1,375.00

20,001.00

50,000.00

1,375.00

2,600.00

From 50,001.00

 

2,600.00

6% of the amount exceeding 50,000.00

Should the dunning process be unsuccessful, the claim will be given to a collections agency for further collections processing. They shall attempt to claim payment through two additional dunning notices at most. Additional fees to be paid by the customer will be invoiced by the collections agency with each dunning notice sent. If these dunning notices are not successful, the customer shall be prosecuted. Additional costs and fees for the prosecution process shall become due when prosecution is initiated. If the customer raises legal claims, the matter will be transferred to an attorney for further enforcement. They shall be contracted to initiate all civil and penal steps for the enforcement of the claim against the customer with costs and damages at the expense of the customer.
The Service Provider shall be authorized to block services and/or to withdraw from the contract, if the customer defaults on the payment of an invoice or exceeds the credit limit granted to them.

11. Blockage

The Service Provider has the right to cease the provision of all or individual services based on the presence of cause (such as illegal use) and to terminate the corresponding contract with the customer. Such shall apply in particular when the amount of compensation increases to a significant degree, such that the assumption that customer might not be able to make payment is justified as well as upon justified doubts in the customer’s ability and willingness to make payment. The Service Provider and their contractual partners may black the service in such cases instead of terminating them.

12. Escape Clause

Should one or more provision of these general terms and condition be, or become, ineffective, such shall not affect the effectiveness of the remaining provisions.

13. Customer service & contact

The Customer Service department can be contacted by email at this address: info@smilessolutions.ch.

14. Court of Jurisdiction and Applicable Law

With regard to disputes resulting from this legal relationship, the official courts in the Canton of Zug, Switzerland shall have exclusive jurisdiction, subject to the reservation of divergent jurisdictions compelled by law. Only Swiss law shall be applicable with regard to this legal relationship and the rights and obligations resulting from it, to the exclusion of referrals and references based on international private law.

15. Support and Hotline

For SMS services offered through the SMS short codes: 484, 615, 631, 688, 665, 690 or 6633; call the following hotline number for support: +41 (0)848 11.14.84 or send an email to: info@smilessolutions.ch

Zug, Switzerland, January 2014