CONTRACTUAL TERMS AND CONDITIONS FOR THE PURCHASE OF ACTIVATION CODES VIA OUR WEBSHOP
The business relationship between us, Infront Sports & Media AG, Grafenauweg 2, 6302 Zug (hereinafter: "B2Mission", also "we") and the respective customer (hereinafter uniformly: "Customer") shall be governed exclusively by these terms and conditions for the purchase of activation codes (hereinafter: "terms and conditions") and the general terms and conditions for the use of the app "B2Mission", available at: https://www.b2mission.ch/gtc-app, (hereinafter: "GTC"), which together govern the purchase of activation codes via our webshop and the use of our software application "B2Mission" in the respective current version (hereinafter: "App").
The customer's general terms and conditions shall not apply unless we agree in writing to the validity of such general terms and conditions.
The subject matter of the contractual terms and conditions is the acquisition of volume licences by the customer. B2Mission shall create a licence key (hereinafter: "Activation Code") for the customer which entitles its holders to use the app as well as the services offered through the app. Our offer is aimed at companies as customers who then provide natural persons to be determined by the customer (hereinafter: "Users") with the acquired activation code free of charge. The number of users who can register in the App with the activation code is determined by the respective scope purchased by the customer in the order.
B2Mission shall provide the user with the app in the most current version and shall allow the user to use the app in accordance with the GTC. The duration of the use of the app by the user is limited to a fixed period for which the customer has purchased the respective activation code (hereinafter: "Mission").
2 Offer from B2Mission
2.1 Our app
Our app is a digital companion for sporting competitions with which the user can collect points for himself and his team alone or in a team in a time-limited environment, especially in the context of so-called orienteering races (henceforth: "Challenges"). Points can be collected not only in the context of Challenges, but also for each kilometre run or cycled by a user in his or her free time. The aim is to promote exercise, team spirit and motivation in companies in a playful way.
For this purpose, the client can purchase an activation code with which he can enable a certain number of users to use the B2Mission app free of charge for the users in accordance with the GTC. The client is free to choose the users to whom it enables the use of the app by means of the activation code. Users can use the activation code to register for a mission in which they gain access to several challenges in their vicinity and in other Swiss cities.
Within the mission, the user is organised in a team with other users. During the period of use, each user can complete an unspecified number of Challenges alone or in a team. The Challenges can be completed in predefined, different cities in Switzerland. The challenges do not involve predefined, tested routes, but GPS points. Within the framework of a Challenge, the user must choose his or her own route. The aim of a challenge is to reach as many of the specified GPS points as possible, to fulfil any tasks that may be set there and thus to collect as many points as possible. B2Mission is not the organiser of the challenges or the provider of the routes and leaves the exact design of the same to the users, who must adapt it to the external conditions. B2Mission does not check possible routes that the user chooses independently, nor does it check the GPS points provided. In particular, B2Mission does not check whether the GPS points and the paths available in these areas are accessible without danger and may be entered. The app provides various functions designed for collecting points during the mission. Users can, for example, find GPS points, complete light sporting exercises or answer multiple choice questions as part of the challenges. Even kilometres run or cycled outside the challenges are rewarded with points. Users can also follow the progress of other users and teams and measure their performance against that of other users.
2.2 Health, Disclaimer
Use of the App and participation in the mission and Challenges is at the user's own risk. We therefore recommend that the client urges all users to always consult a doctor before implementing any sports, dietary or health-related instructions they receive through the app from B2Mission or from B2Mission's partners or other users.
The information and services offered on the app do not constitute medical advice or a substitute for medical examination or treatment or for advice from a pharmacist. Nor does B2Mission guarantee that such information and services - even if they come from qualified experts - correspond to current research findings. The client should also advise the user to check on his/her own responsibility whether the implementation of instructions conveyed by the app is harmless to health.
During the use of the app, especially if this takes place within public road traffic, the user must pay particular attention to other road users and choose his or her route in such a way that he or she does not violate any legal regulations regarding participation in road traffic.
3 Conclusion of contract
3.1 Purchase of the volume licence via the B2Mission webshop
The presentation and advertising of the B2Mission app in our webshop does not constitute a binding offer to conclude a volume licence agreement. The customer has no claim to the conclusion of a volume licence agreement. By submitting an order via the webshop by clicking the "Complete Purchase" button by the customer, the customer submits a binding application to order an activation code that is to entitle to the sum of user registrations previously selected by the customer in the webshop for the mission in the app described in the webshop. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and thereby included them in his application. After submitting the order, the customer receives a booking confirmation in which the customer's order is listed again and which the customer can print out using the "Print" function.
This booking confirmation merely documents that the order has been received by us and does not constitute acceptance of the application. The contract is not concluded until the ordered individual activation code is sent to the customer by e-mail, in which the text of the contract (consisting of the order, contract terms, GTC and order confirmation) is also sent to the customer by us on a durable data medium (e-mail or paper printout).
3.2 Correction of input errors
Any input errors can be corrected at any time during the ordering process in the input mask provided. The process can also be cancelled at any time until a legally binding order has been placed by clicking on the "Complete purchase" button.
3.3 Sending the activation code
Following the order in the webshop, the customer will receive a booking confirmation by e-mail to the e-mail address provided by the customer.
Approximately 1 week before the start of the B2Mission campaign, the individual activation code entitling the customer to the ordered amount of registrations will also be sent to the customer by e-mail.
Furthermore, the team captain will receive an additional individual activation code that entitles him to manage his team in the app.
4 Prices and payment
The prices for the activation codes are stated in our webshop when the customer places the order and are to be paid by the customer. The prices stated are net prices which are payable plus the applicable statutory value added tax. The customer may make payment on invoice or on collective invoice. Payment of the price is due within 14 days of the invoice date.
5 Grant of licence, rights of the customer, period of use
The customer has the right to issue the activation code received from B2Mission to users. With the activation code, B2Mission grants a simple licence to use the app in accordance with the GTC for the number of users ordered by the customer. The duration of the use of the app by the user is limited to the period specified by B2Mission in the webshop for the duration of the respective mission for which the customer has acquired the respective activation code ("Period of Use"). After the end of the mission and thus the expiry of the usage period, it is no longer possible for the user to use the app with the activation code.
6 Guarantees, liability for defects
B2Mission does not guarantee,
- that the app will work without errors and will be available at all times or completely or without errors;
- that the GPS points specified in the Challenges are actually freely accessible and can be reached by the user without any hazards (for example, due to the nature of the terrain, road traffic, the presence of construction sites, etc.);
- that the success desired by the user, for example the improvement of his fitness, motivation or team spirit, is achieved through the use of the app. B2Mission does not owe the user any success.
B2Mission guarantees that the app corresponds to the contractual condition at the time it is made available. B2Mission shall make updates of the app available for retrieval. The customer agrees that the software as an app will automatically notify the users when updates are available for download and installation, whereby the user is free to download and install the respective update. If the user does not install the updates provided by B2Mission, B2Mission shall not be liable for any deviations from the contractual condition of the app that are attributable to the absence of the relevant update.
The customer's statutory claims based on defective performance shall remain unaffected in any case.
7 Liability and indemnification
B2Mission shall be liable, including for its legal representatives and vicarious agents, without limitation only in the event of (a) intent or gross negligence, (b) injury to life, limb or health, (c) to the extent of a guarantee assumed by it and (d) under the Product Liability Act. B2Mission's liability for breach of material contractual obligations due to slight negligence is limited to the amount of damage that is foreseeable and typical for the type of transaction. Material contractual obligations are obligations which protect the legal positions of the customer which are material to the contract and which the contract is intended to grant to the customer in accordance with its content and purpose; material contractual obligations are also obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the fulfilment of which the customer has regularly relied and may rely on.
B2Mission shall not be liable for the rest.
The client undertakes to indemnify B2Mission against all damages and reasonable expenses (including court and legal costs) resulting from or in connection with a culpable breach of these contractual terms and conditions and the use of the app by a user provided with a user cicense by the client; unless the client is not responsible for the breach.
8 Term, termination
These contractual conditions shall end, without requiring termination, upon expiry of the mission and thus of the period of use. Unless otherwise agreed between the parties, the contractual terms and conditions may be terminated at any time by the parties with two (2) weeks' notice. The right to terminate for good cause remains unaffected for both Parties. B2Mission is in particular entitled to terminate these contractual terms with immediate effect if the client seriously or repeatedly breaches the provisions of these contractual terms. In the event of termination of these contractual terms, the client is obliged to refrain from any further use of the app and the activation codes. The accounts registered with the activation codes acquired by the client will be deactivated by B2Mission. In the event of termination of the GTC by B2Mission with respect to a user, the activation code may be used by another user freely chosen by the customer.
9 Applicable law
Unless mandatory statutory provisions to the contrary exist, Swiss law shall apply exclusively.
10 Place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from this contract is - as far as permissible - Zug.
11 Severability clause
Should individual provisions of these contractual terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.
If there are any differences between the French, English, Italian and German versions of these contractual terms and conditions for the purchase of activation codes via our webshop, the German version will always apply.