The site down-under-dates.com is an offer (hereinafter referred to as the Service) of Paidwings AG, Alte Steinhauserstrasse 1, 6330 Cham, 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. paidwings grants the Users access to a dating platform on down-under-dates.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. paidwings ’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 paidwings Service.
3. paidwings 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. paidwings keeps the system permanently available (24/7). The output that connects the data centre used by paidwings to the internet (interconnection point) is decisive for the availability. paidwings 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 paidwings . Interruptions caused due to force majeure are excluded.
5. paidwings 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 paidwings are not considered as third parties within the meaning of these General Terms and Conditions.
§ 2 - Conclusion of Contract
1. paidwings does not enter into contracts with persons under the age of 18.
If paidwings 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, paidwings is entitled to terminate the contractual relationship without notice.
If paidwings has reasonable grounds to doubt that a person is not entitled to participate, paidwings 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.
3. In addition to free Services, paidwings 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 paidwings ’s fee-based Services. paidwings 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 paidwings 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 paidwings 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, paidwings reserves the right to collect this amount in separate instalments at its own discretion.
3. If the user does not settle an outstanding claim by the due date and despite payment reminders sent by paidwings, they shall be in default of payment. The user shall bear the interest and costs incurred as a result of the default. These are in particular the costs of the reminders by paidwings and the bank charges for a chargeback / credit card cancellation or a return debit note caused by the user. The user is at liberty to prove that paidwings has not incurred any damage at all or that the damage is significantly lower than the flat rate. Conversely, paidwings is free to provide evidence of higher damage. Due to the delay in payment, the outstanding debt will be handed over to a collection service provider. It is agreed that the user shall bear all costs incurred by the collection service provider for its activities.
§ 5 Contractual term and termination
1 The contractual services are provided by paidwings for the duration of the contract, i.e. from the conclusion of the contract until the end of the contract.
2 The contract for a free membership is concluded for an indefinite period and can be terminated at any time without any time limits for termination.
3. The term of a paid membership (Premium) corresponds to the period shown in the package description or the period selected by the user when ordering the package (initial term). The initial term is a maximum of two years. If the membership is not terminated at the end of the initial term, the contract shall be extended for an indefinite period (contract extension). The period of notice, or, if a different period was stated when the paid access was purchased, for memberships with a term of no more than one month: 14 days, and for memberships with a term of more than one month: 30 days.
4. unless otherwise stated in the notice of termination, the free membership shall continue after the end of a premium membership and shall require separate termination. At the end of the membership, paidwings will block the user's profile and process the data stored therein only to a limited extent. The data will be deleted as soon as there are no longer any legal retention periods and the data is no longer required for the assertion, exercise or defence of legal claims.
5 The right to premature termination for good cause remains unaffected. An important reason for termination may exist for paidwings in particular if the user (a) defaults considerably or repeatedly or (b) violates other contractual obligations. If the important reason for termination consists of a breach of duty by the user, paidwings can demand compensation for the premature end of the contract. This does not apply if the user is not responsible for the breach of duty.
6. The termination of the fee-based contractual relationship must be in text form in order to be effective. To ensure successful processing of the termination, the declaration should contain the full name, the service used, the e-mail address used for registration and the user name. The cancellation can be sent via e-mail to firstname.lastname@example.org. Alternatively, we also offer the termination of the fee-based contract by fax +41 (0) 41 5087019 or by post. For your convenience, we have provided a guide to save or print. It contains all the contact details and fields to be filled in in order to successfully terminate the paid contract. Please click here to save or print the cancellation guide. The user's termination will be confirmed by paidwings by e-mail to the address stored in the profile.
§ 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 paidwings to block the User profile without paidwings ’s claim for payment being affected. This also entitles paidwings to terminate the contract without notice.
2. The User guarantees that he/she shall not use paidwings ’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 paidwings .
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 paidwings of this and take appropriate measures to avoid further misuse.
5. Furthermore, the User undertakes not to misuse paidwings ’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 paidwings to terminate the contract without notice for good reason, as well as to immediately block the User from accessing the paidwings database. Instead of blocking or terminating a User, paidwings 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 paidwings , he/she is obliged to pay a contractual penalty to paidwings amounting to EUR 500.00 for each verified infringement. Further compensation claims for damages shall remain unaffected thereby.
§ 7 - Business Operation
1. paidwings 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. paidwings 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 paidwings 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. paidwings 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. paidwings accepts no liability that the User profiles shown in the match system and their interpretation as regards compatibility with other Users is accurate. paidwings is only responsible for the contact mediation and not for the success of the contact.
3. Furthermore, paidwings 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 paidwings .
4. Moreover, paidwings 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 paidwings has made such access possible, either deliberately or through gross negligence.
5. paidwings 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 paidwings 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. paidwings does not guarantee the permanent availability of its websites or their technical functionality.
2. In particular, paidwings assumes no responsibility for disruptions to the quality of access to the Service due to force majeure or other circumstances beyond the control of paidwings .