GENERAL TERMS AND CONDITIONS
for use of WicketScore App (B2C)
Status September 2020
1. SCOPE OF CONTRACT AND VALIDITY
- The following General Terms and Conditions ("GTC") apply to all transactions of Bellwether Media Group AG, Switzerland ("Bellwether") concerning Cricket live score App ("WicketScore App") and the user of WicketScore App ("User"). Bellwether concludes contracts only on the basis of these General Terms and Conditions. Any General Terms and Conditions of Users are hereby waived for the legal transaction in question and the entire business relationship.
- Bellwether reserves the right to refuse to conclude a contract with users without giving further reasons. Bellwether also reserves the right to partially or completely discontinue the provision or use of the WicketScore App at any time.
- Offers are generally subject to change.
- The user can request the current General Terms and Conditions in writing from the registered office of Bellwether or call up and download them from the Bellwether website at www.bellwether-media.com.
- The version of the GTCs valid at the time of conclusion of the contract shall be decisive. Bellwether will notify the user of changes and additions to these GTCs by e-mail. Unless the user raises an objection within one month of notification (whereby this results in the user no longer being able to use the services of Bellwether), the changes shall be deemed to have been approved.
2. CONDITIONS OF USE, REGISTRATION
- Bellwether provides the user with a cricket app free of charge. This gives the user the opportunity to follow cricket games worldwide. In addition to live scores, the WicketScore App offers cricket news, rankings and other information and collected data on the most popular tournaments and teams in cricket.
- Use of the WicketScore App is subject to the following conditions: User is responsible for obtaining and maintaining all necessary hardware and software to access, receive and display the Apps and/or the Site. In order to download and use the platforms, the user requires an upright Internet connection on an end device or PC.
- Currently, the use of the app does not require registration. Bellwether reserves the right to require the user to register an account in advance in order to use the app. The user is obliged to provide truthful and complete information during registration. Bellwether reserves the right to check the accuracy in individual cases. There is no right to registration. Bellwether is entitled to refuse registration without giving any reason.
- If the user wishes to make full use of our service, one of Bellwether's subscriptions must be ordered, if Bellwether so provides.
- After selecting and downloading the desired service (subscription) in Google Play Store, the user is redirected to the payment system of the respective store. Here, the user is given the opportunity to check his data for correctness and completeness. After checking the data, the user commissions Bellwether by confirming the button "subscribe for payment". With the order, the user bindingly declares his contractual offer. The receipt of the order will be confirmed by Bellwether immediately. The confirmation of receipt represents the binding acceptance of the order by Bellwether. The contract shall come into effect upon acceptance. The user has the opportunity to view the current version of these GTC in the app at any time and can also request this from Bellwether by e-mail.
3. SCOPE OF SERVICES
- Bellwether provides the use of the WicketScore App. The achievement of a certain (physical or psychological) success is not owed. The service is the provision of the content.
- Unless expressly agreed otherwise, Bellwether shall provide the service within 24 hours after conclusion of the contract, including payment of any usage fee (point 4), by activating the user's account or transmitting the download link.
- Bellwether is entitled to have the contract or parts of the contract fulfilled by third parties.
4. OPTIONAL USER FEE
- Bellwether reserves the right to make its services available partially or exclusively via subscription models and services.
- The user can use the paid services of Bellwether by selecting and paying for the subscription models. The possible fee depends on the period of use. The fee is paid in advance by monthly payment by SEPA direct debit or credit card. Access will only be activated after receipt of the respective amount.
- Bellwether reserves the right to conclude contracts only after advance payment has been made.
- Unless otherwise agreed in writing in the contract, prices are in CHF and, unless expressly stated otherwise, are subject to VAT at the statutory rate. Flat rates shall only apply if Bellwether confirms this in writing.
- The fees regulated in any price list are value-hedged and are subject to an annual adjustment in accordance with the Consumer Price Index CPI 2015 (base year 2015) (or its official successor), whereby the index figure published for September following the conclusion of the contract is the basis for the calculation. Bellwether also reserves the right to increase or add new fees and charges for the existing services (both free services and services subject to charges) that the contractual partner uses by informing the contractual partner at least 30 days in advance.
- The user assures Bellwether of the correctness of the payment information and guarantees to be entitled to use it and undertakes to immediately update any changes to the payment information (e.g. change of the billing address of the contractual partner or the expiration date of the credit card).
- Unless otherwise agreed in writing, payments shall be due in CHF without deduction on the date of receipt of the invoice. A payment shall be deemed to have been made on the day on which Bellwether can dispose of it. Bellwether is entitled to send users invoices in electronic form and the user expressly agrees to this.
- As soon as and as long as the user is in default of payment, Bellwether shall be entitled to discontinue its services. Bellwether is also entitled to charge reminder fees and interest on arrears, to have open claims collected by debt collection agencies/lawyers or to assign claims to corresponding licensed companies for the purpose of collection. The operated claim increases by the costs associated with it. The user shall not be entitled to set off Bellwether's claims against his own claims.
5. RESPONSIBILITIES, DUTIES AND RIGHTS OF USERS
- Users are obliged to protect access to their possibly required account against unauthorized use by third parties. Access data must be kept secret. Users are liable for any use of their access data by unauthorized third parties and the associated use of the Services. Unauthorized use by third parties must be reported to Bellwether (by email) by the user without delay and the password must be changed.
- Bellwether reserves the right to prohibit the use of WicketScore App by minors.
- Each user is fully responsible for the content he/she enters (e.g. data, texts, photos, graphics, videos or other materials), which are generally published or privately transmitted. Bellwether is not obliged to check the contents. The user must therefore ensure that his registered content does not violate any legal regulations, the rights of third parties and/or common decency. In particular, the user guarantees that he/she is entitled to the necessary rights of use for the files he/she uploads, such as images.
- Any liability on the part of Bellwether under this point is expressly excluded.
6. COPYRIGHT, LICENSES
- The User is aware that all rights to the WicketScore App and the content published there, in particular the copyright rights of use and exploitation, e.g. of the databases and address files of the Internet portals, is owned and due by Bellwether or third parties. When using the WicketScore App, the User shall, in addition to these GTC, also observe any third-party licence conditions stated in each case. The visitor may not remove existing copyright notices, trademarks and other legal reservations.
- Any use beyond this requires the consent of Bellwether. In particular, the files and materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. Likewise, it is prohibited to use the contents, texts and exercises for your own purposes in seminars, courses or otherwise in relation to third parties without express written permission.
7.WARRANTY AND LIABILITY
- The user shall indemnify Bellwether from all claims of third parties that arise from unauthorized use by him and/or that are raised by third parties on the basis of or in connection with information entered by him due to an infringement of rights. This also applies to reasonable court and legal fees.
- Bellwether only creates data links based on data and information provided to Bellwether by third parties. Insofar as this does not violate mandatory law, the liability of Bellwether and any third parties with whom Bellwether works in providing its services in accordance with these GTC is excluded for the accuracy, freedom from error, actuality and completeness of the data provided to the user and the services provided to the user.
- Bellwether reserves the right to temporarily restrict the WicketScore App as a result of necessary maintenance work or the necessary implementation of further development of the services offered.
- Bellwether accepts no liability whatsoever for the constant availability of the WicketScore App, for errors, delays or interruptions in the transmission, loss or deletion of data, or for damage that may otherwise occur during the use of the data or online services, such as viruses or other harmful programs.
- Further claims, in particular the reimbursement of fees for services rendered, for whatever reason, are excluded.
- WicketScore App's liability shall in any event be limited to wilful intent, to the extent permitted by law. Slight negligence and gross negligence shall be excluded, to the extent permitted by law. Liability for loss of profit, consequential damage, loss of data and immaterial damage is also excluded. The aforementioned limitation of liability concerns contractual as well as non-contractual claims to the maximum extent permitted by law.
- All data provided in the WicketScore App are subject to the provison that errors and changes are reserved.
8. RIGHT OF WITHDRAWAL
- Users who are consumers within the meaning of Directive 2011/83/EU have the right to revoke this contract within fourteen days without giving reasons.
- The revocation period is fourteen days from the day on which the contract was concluded.
- In order to exercise the right of revocation, Bellwether must be informed by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of the user's decision to revoke this contract. The user must send the declaration to the following address:
Sonnenhof 3, 8808 Pfäffikon SZ, Switzerland
- In order to comply with the revocation period, it is sufficient for the User to send the notification of the exercise of the right of revocation before the end of the revocation period.
- If the user revokes this contract, Bellwether must reimburse all payments received from the user, including without delay and at the latest within fourteen days from the day on which Bellwether received notification of the revocation of this contract. The same model of payment shall be used for this repayment as the user used for the original transaction.
- In the case of a contract for the delivery of digital content not contained on a physical data carrier (e.g. downloads), the right of withdrawal expires prematurely if Bellwether has started to execute the contract after the user has expressly agreed that the entrepreneur will start executing the contract before the end of the withdrawal period and the user has confirmed that he is aware that the user loses his right of withdrawal by giving his consent when the execution of the contract begins.
9. TERMINATION OF THE CONTRACTUAL RELATIONSHIP
- All Bellwether services / performances are unlimited and can be terminated on a monthly basis, unless a yearly subscription has been taken out. Currently, the services / performances of Bellwether are provided free of charge.
- The right to extraordinary termination for good cause shall remain unaffected for both parties. Important reasons shall exist in particular if: (i) the user misuses or manipulates the services offered, (ii) or violates point 5. or 6.; (iii) the user violates a contract or these GTC or (iii) the user has drawn the attention of Bellwether to the violation of an essential provision of the contract and has requested Bellwether to remedy the violation by setting a deadline of at least 60 days and Bellwether does not comply with this request within the set deadline.
- In the event of termination, repayment of any fees already paid shall be excluded and the model of payment deposited by the User shall be debited until the end of the term.
- Bellwether shall terminate the contract by blocking the user and, for the user, by uninstalling the app.
10. DATA PROTECTION
11. FINAL PROVISIONS
- Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively under Swiss law, even if the order is carried out abroad. Any disputes shall be subject exclusively to the local jurisdiction of the competent court for CH-8808 Pfäffikon SZ, Switzerland. For use by consumers, the above provisions shall only apply to the extent that the consumer-specific provisions do not necessarily provide for other provisions. Failure to comply with essential elements of the contract (elements of the GTCs) shall entitle the contractual partners to premature termination of the contract (the GTCs) without notice.
- Amendments and supplements to the GTCs must be made in writing. This also applies to the cancellation of this formal requirement.
- Should one or more provisions of the GTCs be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid or unenforceable clause.
- Any disposal of the rights or obligations existing on the basis of the contract (the GTC) shall require the prior written consent of the respective other contractual partner. Bellwether shall, however, be entitled to transfer the contract to a company affiliated with the contractor under group company even without the consent of the client.
- Bellwether shall be entitled to make use of third parties in whole or in part to fulfil its obligations.