Subject Matter of the Contract
The customer’s contract partner is fit im job AG, Römerstrasse 176 in CH-8404 Winterthur. The subject matter of the contract is the delivery of an online service for health promotion at the personal computer workplace.
Completion of Contract
All offers of fit im job AG are always subject to change and not binding. The customer orders the services by electronically submitting the completed application form for the implementation of a personal homepage. The completion of the contract is only valid after having received an email confirmation from fit im job AG.
Right of Revocation
The customer has the right to revoke the contract within 14 days after having received the contract confirmation from fit im job AG. The right of revocation expires from the moment the customer claims all of or part of the service. Claiming the service is defined by the customer's visit to his or her personal homepage.
The customer has thorough knowledge of the data protection regulations regarding the collection, usage and processing of the received personal data. The customer explicitly accepts the regulations of electronic data processing.
fit im job AG guarantees that customer data is treated confidentially. The data is stored and processed according to current technical possibilities as required by the standards of data security.
fit im job AG uses the entrusted customer data exclusively for the design of the personal homepage ordered by the customer, for personalised recommendations, for the organisation of an individual expert council in the context of email consulting, for the development of customised and professional offers regarding further products or services and for statistic purposes.
fit im job AG guarantees that no personal customer data will be communicated to third parties. However, fit im job AG is entitled to grant access to the stored customer data to carefully selected experts, who are freelance employees of fit im job AG, in order to allow them to answer email requests in the context of the expert email consulting service.
fit im job AG stores the data as long as it is imperative regarding the nature of the contract and the service.
Service Defect − Interruption of the Online Service
The customer is aware of the fact that it is not possible to develop multimedia applications free of at least minor defects.
In case of a substantial decline in the service suitability as required for the regular or contractual use, fit im job AG has the right to improve the service. In case the service of fit im job AG is only partly or not available at all, fit im job AG has the right to deliver the service at a later point in time.
fit im job AG is allowed a suitable period of time for the improvement or later delivery of the service.
Responsibility for Information, Links, etc. on the Website
The information for the website of fit im job AG comes from a number of sources. Despite careful examination and processing, the inadequate use of information cannot be ruled out. fit im job AG is not liable for comprehensiveness, accuracy or actuality of the used information.
Furthermore, fit im job AG is not liable for the content of linked or recommended websites. fit im job AG explicitly declares not to use the content of these websites as its own.
The payment for the services is due at order acceptance. The payment amounts to: For the module micropause® − licence fee for 12 months CHF 60.− (approx. € 40.−).
For fit im job online® including all 5 modules, including micropause® - licence fee for 12 months CHF 90.− (approx. € 60.−).
All prices include the lawfully required VAT.
Delay in Payment
Should the customer be delayed with the payment, fit im job AG may immediately stop the service disregarding further rights and claims.
Liability and Limitation of Liability
The exercises of micropause® were approved by experts (physical, rehabilitation and eye therapists, preventive physicians) and are absolutely harmless for healthy employees.
The video animations only serve for clarification. Slow, concentrated and reasonable exercising are in your own responsibility. fit im job AG rejects all liability for damages with regard to the use of the programme.
Consulting by fit im job AG is done by applying current scientific and technical knowledge and considering the newest findings by qualified consultants. Owing to the nature of online communication, it must be understood that fit im job AG cannot be held responsible for the risk of negative influences due to individual physical and health characteristics of the customer, which were not obvious and which may lead to undesired side effects in connection with the information made available. For such consequences, no claims can be made against fit im job AG and their employees and freelancers, unless intent or gross negligence in the consulting performance can be proven or contractual core obligations were violated.
Information made available by the customer does not represent the individual and actual health condition of a customer on a regular basis. The customer therefore must consider that the information made available to him may not and cannot replace recommendations made by a treating physician or the health authorities. However, the information given by fit im job AG may not be used as the cause for health impairments of whatever kind or as a basis for treatment. Similarly, this information does not replace the consultation with a physician.
The customer must observe that the actual health suitability of the programme designed by fit im job AG can only be verified by a personal physician in a personal consultation. fit im AG therefore cannot be made liable for any damages of any kind inflicted due to the use of the information given by fit im job AG.
Obligation and Liability of the Customer
The customer is obliged to keep the personal access information to his personal homepage confidential and to prevent misuse by third parties. The customer must immediately report loss of his or her password or improper access by third parties to fit im job AG, so that access to his personal homepage may be stopped immediately by fit im job AG. The customer is liable for all claims of fit im job AG which arise by the use of the consulting service on his personal homepage up to the aforementioned reporting.
The customer is not entitled to technical or content manipulations on or in the website of fit im job AG or his personal homepage. The customer must especially prevent all activities which may interfere with the access to his personal homepage by authorised persons.
The customer agrees to keep fit im job AG free of any damages and claims which may arise as a result of the customer granting authorised or unauthorised access to the services of fit im job AG to third parties.
fit im job AG is entitled to partially or totally change the contract conditions anytime according to their own discretion. Notification of such changed contract conditions are made on the customer's personal homepage.
If the customer continues to use the consulting services of fit im job AG after the notification, this is regarded as a tacit acceptance of the changed contract conditions. The customer is entitled to terminate the contract due to the changed contract conditions in written form and within 14 days after having visited his personal homepage. The reception of the termination by e-mail is regarded as written form, otherwise the written form must always be observed.
fit im job AG explicitly reserves the right to change the content of the internet pages at any time. Possible claims of any kind resulting from this are excluded.
fit im job AG is entitled to terminate the contract in written form without indicating any reasons and by keeping a notice period of 2 weeks. The reception of the termination by email is regarded as written form, otherwise the written form must always be observed.
fit im job AG is entitled to an exceptional instant termination of the contract due to important reasons or if the customer violated the contract conditions considerably. Wrong information about identity, address or the consulting relevant data given by the customer at the preparation stage of the contract especially qualify as important reasons.
The head office of fit im job AG is in CH-8404 Winterthur, Römerstrasse 176.
Place of jurisdiction is the head office of the company.Version: May 2003