The following General Terms and Conditions govern the contractual relationship between Qualidates AG, Turmstrasse 18, 6312 Steinhausen, Switzerland (hereinafter abbreviated: qualidates) and the users and customers of its telemedia services (hereinafter referred to as User or Users). They define the conditions under which the use of the services of qualidates takes place.

The site member.bdsm-za.com is an offer (hereinafter referred to as the Service) of Qualidates AG, Turmstrasse 18, 6312 Steinhausen, Switzerland.

The Service is a communication platform which, among other things, offers Users the possibility of presenting themselves on the internet as interested in partnerships, friendships, one-night-stands or extramarital affairs. The Service offers, among other things, the option to contact real, like-minded women, couples and men who would under certain circumstances like to get to know new partners. The Service also offers numerous possibilities to communicate, flirt and present one’s own self.

§ 1 - Subject of the Contract; Terms of Use

1. qualidates grants the Users access to a dating platform on member.bdsm-za.com. The platform features profiles and information about other Users. After creating their own profile, Users can search for other profiles on the platform. Users can view other User profiles and make limited contact with these other Users.

2. qualidates ’s Services are offered exclusively for private, non-commercial purposes. The User agrees to only use the Service for private purposes upon registering on a qualidates Service.

3. qualidates provides both free and fee-based Services. Free registration enables the User to create a profile, view the profiles of other Users and send predefined messages to other Users. Users who register for the additional paid Service may, in addition to the free services, contact other Users and send messages to them. The fee-based Service can be subscribed to for different periods of time. Before providing these Services, the User shall be informed about the liability to pay fees, the content and scope of the Services as well as the price and terms of payment.

4. qualidates keeps the system permanently available (24/7). The output that connects the data centre used by qualidates to the internet (interconnection point) is decisive for the availability. qualidates guarantees the Users of its paid Services an average annual availability of 97%. Availability, however, is only considered to be impaired when the User has reported the error (error message) to qualidates . Interruptions caused due to force majeure are excluded.

5. qualidates may use externally contracted service providers to provide its Services, including in particular payment providers, content providers and other external service providers. Externally contracted service providers who provide Services on behalf of qualidates are not considered as third parties within the meaning of these General Terms and Conditions.

§ 2 - Conclusion of Contract

1. qualidates does not enter into contracts with persons under the age of 18.

If qualidates has doubts about the User’s legal age, it will ask the User to provide proof of age. If the User does not provide proof of age within two weeks, qualidates is entitled to terminate the contractual relationship without notice.

If qualidates has reasonable grounds to doubt that a person is not entitled to participate, qualidates is entitled to verify the person’s personal details by requesting official papers in order to establish identification. Users who are not entitled to participate are excluded from using the Services.

2. Access to qualidates ’s Services is provided after the User registers with his/her personal data (including gender, date of birth, email address). By registering, the User confirms his/her approval with these General Terms and Conditions and the Data Privacy Policy, thereby forming a free contractual relationship between qualidates and the User.

3. In addition to free Services, qualidates offers the User various fee-based Services (premium membership). Upon using these Services, the User enters into another contractual relationship that is separate from the free contractual relationship. These General Terms and Conditions also serve as the basis for this additional contractual relationship. The User is informed about the content, duration/term, price and terms of payment before concluding the contractual relationship on the respective Service. By clicking the ‘Buy now’ button, the User submits an offer to conclude a contract for qualidates ’s fee-based Services. qualidates will confirm the acceptance of the offer to the customer by either activating the Services or sending the customer an email.

§ 3 - Costs

1. The Services offered by qualidates on this Service are provided to the User free of charge as long as the User has not been informed of the obligation to pay costs before the conclusion of a fee-based Service.

2. Before the User uses such Services, the applicable prices, the method of payment as well as the duration of ongoing payment obligations shall be explained to the User within the scope of these fee-based Services.

§ 4 - Payment Conditions

1. The fee for fee-based Services is to be paid in advance to qualidates and shall be collected in full using the payment procedure selected in the ordering process if this amount can be covered by the means of payment given.

2. If it is not possible to collect the full payment amount, qualidates reserves the right to collect this amount in separate instalments at its own discretion.

3. In the event of a default in payment by the User, the amount owed during the period of default is subject to interest and commercial collection proceedings will be carried out. If the User continues to owe the amount, the receivable will be transferred to a debt collection agency - which will incur additional costs - and a processing fee of EUR 4.50.

§ 5 - Termination; Contract Dissolution; Contractual Period

1. The User is entitled to terminate for the free Services by cancelling the contract at any time. The User has the option of terminating the contract by providing qualidates with a declaration of termination or by selecting the ‘Delete profile’ button within the Service. After the contract has been terminated, the User’s profile and the corresponding data records will be deleted, insofar that legal requirements do not require the storage of such data. The contractual relationship for fee-based Services must be terminated separately.

2. The User of a fee-based Service (premium membership) can terminate the contractual relationship and continuing obligation within a period of 14 calendar days prior to the end of the respective ordinary contract term. If the 14 days’ notice period ends after the subscription term your Premium Membership will automatically renew but will terminate at the end of the renewed subscription term. Termination of a fee-based contractual relationship must be made in writing to take effect. The declaration of termination should include the User’s full name, the Service used, email address and username used for registration in order to ensure successful processing of the termination. Termination by e-mail should be sent to support@qdhelp.ch. Alternatively the written termination of a fee-based contractual relationship can also be sent by fax +41415087589 or by post. For your assistance we have created a cancellation form, which you can simply fill-in and send to us or use as a guideline. It includes all contact details with all the necessary fields to successfully complete the termination of a fee-based service. Please click  here to print out a cancellation form.

3. By way of derogation from the provisions laid down in paragraph 2, if the User signed up for a contract of less than 30 days, he/she is entitled to terminate the contract at any time.

4. Termination of the free as well as of the fee-based contractual relationship is confirmed by sending an email to the User’s current registered email address.

5. qualidates is entitled to give extraordinary notice of termination of the contract provided:

a) the User repeatedly violates User obligations in accordance with Point 6 Paragraph 5;

b) contrary to Point 2 Paragraph 1, the User does not provide proof of age at the request of qualidates .

§ 6 - User Obligations

- see also content provider & usage policy

1. The User is solely responsible for the content of his/her registration information, any other personal details provided as well as for information he/she freely provides about himself/herself. The User hereby guarantees that all the information provided in his/her User profile is true and describes the User. The intentional provision of false information entitles qualidates to block the User profile without qualidates ’s claim for payment being affected. This also entitles qualidates to terminate the contract without notice.

2. The User guarantees that he/she shall not use qualidates ’s Services for business or commercial purposes, in particular for advertising purposes. The User is not allowed to search the content and profiles of other Users manually or use programs to do so in order to use the data obtained for purposes outside of the Services provided by qualidates .

3. The User is obliged to keep emails and other messages as well as data from other Users confidential and to not disclose them without the third party’s consent.

4. The User agrees to keep his/her login details confidential. In the event that login details are disclosed to third parties, the User shall be responsible for all the consequences of this event. If the User suspects that the login details have been disclosed to third parties, he/she must immediately inform qualidates of this and take appropriate measures to avoid further misuse.

5. Furthermore, the User undertakes not to misuse qualidates ’s Services, in particular

a. not to use it to disseminate defamatory, racist, hateful, offensive or otherwise unlawful material or information;

b. not to use the Services to threaten, harass, or violate the rights (including personal rights) of other Users and third parties;

c. not to upload any data containing a virus and/or software or other material which is protected by copyright or other proprietary rights to the system or database, unless the User is the owner of such rights or has acquired the necessary consent to use such rights;

d. not to use the Services in a manner that adversely affects the availability of the Service for other Users;

e. not to intercept, or try to intercept, emails or any other messages;

f. not to send emails and other messages to another User for any other purpose than private communication, in particular not to advertise or offer goods and services or for other professional or commercial purposes;

g. not to mention or insert names, addresses, telephone or fax numbers, messenger addresses, email addresses, trademarks, company names, names of other online portals or URLs in the personal description and uploaded files;

6. Failure to comply with the aforementioned rules of conduct or violation of any of the expressly arranged obligations outlined in these General Terms and Conditions shall entitle qualidates to terminate the contract without notice for good reason, as well as to immediately block the User from accessing the qualidates database. Instead of blocking or terminating a User, qualidates can also delete parts of the User profile.

7. Insofar as the User links commercial or business interests with the conclusion of the contractual relationship or uses third-party data made accessible to him/her for business or commercial purposes, or for purposes not expressly approved by qualidates , he/she is obliged to pay a contractual penalty to qualidates amounting to EUR 500.00 for each verified infringement. Further compensation claims for damages shall remain unaffected thereby.

§ 7 - Business Operation

1. qualidates is entitled to check the contents and data provided by Users and to remove the corresponding data if the content violates these General Terms and Conditions.

2. qualidates is also entitled, but not obligated to examine texts, uploaded photos and pictures for compatibility with these General Terms and Conditions and statutory requirements and to remove them in case of a violation.

§ 8 - Transfer of Rights

1. The User grants qualidates a non-exclusive, transferable right not restricted in space, but limited in time by the contractual term, to use the content created or provided by him/her on the Service, including pictures, texts and videos.

2. The User guarantees that the content he/she provided or created and the usage of such content does not violate the rights of third parties, in particular no copyrights or other proprietary rights.

§ 9 - Liability

1. qualidates assumes no liability for the content of User profiles. It has no control over the accuracy and security of information exchanged between Users or posted by Users in their profiles.

2. qualidates accepts no liability that the User profiles shown in the match system and their interpretation as regards compatibility with other Users is accurate. qualidates is only responsible for the contact mediation and not for the success of the contact.

3. Furthermore, qualidates accepts no liability for financial or other non-bodily damage that could be linked with the Service, except in cases of gross negligence or wilful misconduct of qualidates .

4. Moreover, qualidates accepts no liability for unauthorised third parties gaining access to personal data of Users (e.g. as a result of hackers gaining unauthorised access to the database), except in cases where qualidates has made such access possible, either deliberately or through gross negligence.

5. qualidates also accepts no liability for third parties misusing Users' details and information that the Users share or make available to third parties.

§ 10 - Indemnification

1. Every User shall, therefore, indemnify qualidates against any liability, obligations, costs and compensation claims resulting from defamatory statements, insults, infringement of personal rights caused by other Users.

§ 11 - Technical Faults

1. qualidates does not guarantee the permanent availability of its websites or their technical functionality.

2. In particular, qualidates assumes no responsibility for disruptions to the quality of access to the Service due to force majeure or other circumstances beyond the control of qualidates .

Privacy policy
We respect the privacy of every person who registers with or visits qualidates’s website and/or uses the services made available by us from the qualidates website (the “qualidates Service”) and we are committed to ensuring a safe online experience.
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1 PURPOSE OF THIS NOTICE
This privacy notice explains our approach to any personal information that you might supply to us (or that might be collected from you) in connection with your use of the qualidates Service and sets out your rights in respect of qualidates’s processing of your personal information. For more information  click here.
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2 WHO ARE WE AND WHAT DO WE DO?
The qualidates Service is operated by Qualidates AG (“qualidates”) whose principal activities include operating a centralised platform for a network of online dating sites which enable Users to create their own dating profiles and contact other Users of the platform or any of our additional platforms that we operate. Please be aware that when you create a dating profile on member.bdsm-za.com, your profile will also be publicly available to Users of our additional platforms. For more information click here.
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3 HOW TO CONTACT US?
If you have any questions about this privacy notice or want to exercise your rights, please contact us by:
• sending an email to support@qdhelp.ch;
• writing to us at Qualidates AG, Turmstrasse 18, 6312 Steinhausen, Switzerland
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4 WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
Our primary goal in collecting personal information from you is to give you a customised experience while allowing us to provide services and features that most likely meet your needs. In order to do so personal information may be collected from you in the following ways:
→ Information you voluntarily provide to us. For more information click here .
→ Information we collect through your use of the qualidates Service. For more information  click here.
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5 HOW DO WE USE YOUR PERSONAL INFORMATION?
We collect and use your personal information to operate the qualidates Service efficiently and to deliver you the very best service. In particular, we may use your personal information for the following purposes:
→ Provision of the qualidates Service. For more information click here .
→ Service administration. For more information click here.
→ User Data Analysis. For more information click here.
→ Internal record keeping and legal compliance. For more information  click here
→ Marketing by third parties. For more information click here .
→ Sharing information with third party processors. For more information  click here.
→ Sharing information with professional advisors & potential purchasers. For more information  click here.
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6 HOW DO WE OBTAIN YOUR CONSENT?
Where use of your personal information by us requires your consent, you can provide such consent:
• at the time we collect your personal information following the instructions provided; or
• by informing qualidates by e-mail or post using the contact details set out in this Privacy Notice.
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7 USE OF COOKIES
The qualidates Service may use certain cookies, pixels, beacons, log files and other technologies of which you should be aware. Please see our  Cookie Policy to find out more about the cookies we use and how to manage and delete cookies.
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8 THIRD PARTY LINKS AND SERVICES
The qualidates Service may contain links to third party websites and services. Please remember that when you use a link to go from qualidates to another website or you request a service from a third party, this privacy notice no longer applies. For more information click here.
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9 TRANSFERS OUTSIDE THE EEA
We do not currently transfer your personal information outside of the EEA.
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10 HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?
We do not keep your personal information for any specific period but will not keep it for longer than is necessary for our purposes.
In considering how long to keep it, we will take into account its relevance to our business and our legal and regulatory obligations.
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11 CONFIDENTIALITY AND SECURITY OF YOUR PERSONAL INFORMATION
We are committed to keeping the personal information you provide us secure and we will take reasonable precautions to protect your personal information from loss, misuse or alteration. For more information click here.
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12 HOW TO ACCESS YOUR INFORMATION AND YOUR OTHER RIGHTS?
You have the following rights in relation to the personal information we hold about you:
• Your right of access. For more information click here.
• Your right to rectification. For more information click here.
• Your right to erasure. For more information click here.
• Your right to restrict processing. For more information click here.
• Your right to data portability. For more information click here.
• Your right to object. For more information click here.
• Your rights in relation to automated decision-making and profiling. For more information click here.
• Your right to withdraw consent. For more information click here.
• Your right to lodge a complaint with the supervisory authority. For more information click here.
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13 CHANGE TO THIS PRIVACY NOTICE
We may make changes to this privacy notice from time to time. For more information click here.

Last Updated December 2017