General terms and conditions for iSKI domains / iski.cc intermaps AG
These terms and conditions apply as from 1 Oktober 2015
Article 1. Scope
Welcome to iSKI, the platform for skiers and winter sports enthusiasts, the information system that expresses the joy of skiing. iSKI is a trademark and a product of intermaps AG.
(1) intermaps AG (intermaps) offers its services under the following general terms and conditions, which the user acknowledges upon downloading and upon use of said services. By accepting the general terms and conditions, the user thereby acknowledges the data protection statement included in said general terms and conditions. The general terms and conditions may be consulted at iski.cc.
(2) The applicability of the client’s general terms and conditions is hereby expressly excluded.
(3) intermaps operates a mobile service that is available free of charge to the user by downloading the iSKI domain app on his smartphone. Current and static information on ski areas/resorts and destinations may be viewed on iSKI domains. The user may record his sports activities via GPS tracker. The recorded data may include vacation spot, achievements at the resort (e.g., altitude and speed) starting and finishing times, date, skiing area, slope kilometres, lift kilometres, average speed, the number of lifts taken, as well as skiing distance based on individual location-based data. These data are stored in cloud computing servers and may be accessed by the user at any time.
Article 2. intermaps services
(1) To access the data the user must have an online connection and be registered. Through registration the user’s movement profile (pseudonymised – only with his user name) is forwarded to the home page of the of the ski area that he is using, where he can compare himself, and take part in challenges, with other users.
(2) As an optional feature, the user may post his sports activities and the current ski area as a status report via an integrated Facebook posting feature.
(3) The user may participate in challenges and compared himself there with other users on a ranking list. These include both intermaps-organised challenges as well as other challenges organised by intermaps’ cooperation and advertising partners. The respective contest rules of individual challenges of the iSKI domain app may be viewed under “Gamification”. Generally speaking, the challenge winner is notified by email. In the event that the winner has not replied within 20 days to the email notifying him that he is the winner, the next-best user shall be declared the winner and claims of the first winner shall be invalid.
(4) Apple is neither a sponsor of challenges nor liable for their offers and execution. intermaps and its cooperation and advertising partners are solely responsible for sponsoring and organising the challenges. The offers published via the SKI domains do not constitute offers in the legal sense, but merely publicity and product information of intermaps’ cooperation and advertising partners. Should the user opt for the products or services of an intermaps cooperation or advertising partner, that shall constitute a contract exclusively between the user and the intermaps cooperation and advertising partner. intermaps shall not be a party to such a contract. intermaps expressly stipulates that, for contracts with its cooperation and advertising partners, the terms of said contracts and general terms and conditions, where applicable, shall apply. intermaps has no influence on the general terms and conditions of its cooperation and advertising partners. Nor does it represent them.
(5) intermaps cooperation and advertising partners are solely responsible for advertising and product information. intermaps expressly stipulates that the intermaps service entails a purely technical dissemination of advertising and product information. Such dissemination is not to be construed as a recommendation or guarantee regarding the products or services offered by the cooperation and advertising partner.
(6) intermaps may interrupt the service at any time. The user enjoys no claim on an unlimited usage time of intermaps s
Article 3. User obligations
(1) The user undertakes to use the services of the iSKI domain app (intermaps services) exclusively for private purposes. The user is forbidden from integrating intermaps services in whole or in part in other offers – regardless of whether for private or commercial offers – and from using services of the iSKI domain app (intermaps service) for his own commercial purposes or the commercial purposes of third parties without the written consent of intermaps.
(2) The user shall refrain from any misuse of the iSKI domain app (intermaps services), including with regard to simulating sporting activities and, relatedly, any attempt at deceitful winning of challenges. Furthermore, the user shall refrain from any attempt to circumvent the security features of intermaps service and/or installations or installing applications that lead or could lead to damage and/or a breakdown in the service’s installations.
(3) Prizes that the user receives from challenges or participation in challenges, must be used exclusively for private purposes. Any commercial further sale of prizes without the prior consent of intermaps or its cooperation and advertising partners is forbidden.
Article 4. Data protection clauses
(1) If the user wishes to use the iSKI domain app without restriction, he must register fully in advance and free of charge. This offers the benefits of participating in challenges, receiving prizes, evaluations and comparisons with buddies, as well as optimum use of the Facebook integration. To avail himself of these benefits, the user must provide the following information: First name, last name, sex, user name, email address, pass word.
(2) The email address (or username) and password are simultaneously log-in data for logging into the iSKI Information on winnings shall be sent to the email address (if the user has participated in, and won, a challenge). In addition, the user will be notified via email of important changes in the iSKI domain, general terms and conditions, or data protection regulations.
(3) Advertising and product information of the cooperation and advertising partners will also be sent via email, in which case intermaps’ role will be limited to providing purely technical dissemination services.
(4) Need for full registration: The user may only claim prizes from us if he can be contacted by email and his first and last names can also be verified, in order to exclude multiple participation in the challenges. Participation in challenges is classified into men’s and women’s categories. That is why users must state their sex. Privacy is protected by the fact that the full last name can only be viewed by Facebook friends. Sporting activities are forwarded to Widget (the homepage of the ski area) only with the user name. So if the user provides, for example, “Micki” as a user name, it will show up in the comparison lists of ski areas only as “Micki”. No personal data will be sold. User data shall not be provided to third parties for advertising and marketing purposes without the user’s consent. No spams will be sent.
(5) Data use: The user expressly agrees that intermaps and its cooperation or advertising partners may use his registration data in order to contact him personally. For this purpose, intermaps and its cooperation and advertising partners may process the data and also use it for advertising purposes. Cooperation and advertising partners are those companies listed under “Partners” in the iSKI apps.
(6) Statement of consent: The user hereby agrees that the personal data provided by him and mentioned in point (1), as well as his email address and telephone number (including text messages), may be retrieved, processed, disseminated and used for purposes of customer service, customer surveys and customer information sent to him personally by the companies listed on the iSKI apps under “Partners”.
(7) Facebook integration: As an optional feature, data can be forwarded to Facebook by clicking on a button. If the user uses this Facebook feature, he can not only compare his challenge results with the iSKI Community but also stipulate that his activities will be posted on his Facebook profile. This includes challenge prizes and in what ski area the user is located. The user must consent each time that the publishing of his tracks or other information can be viewed on Facebook. The Facebook feature can also be switched off fully.
(8) Profile settings: Unlimited use of the iSKI domain app is possible only with full registration of the following data: first name, last name, sex, user names, email address, password If the user does not wish to register fully, the services of this app will no longer be available in their entirety. Participation in challenges, comparisons with buddies and Facebook integration is not possible in this case.
(9) Product and advertising information: intermaps forwards product and advertising information of cooperation partners. The forwarding of such information is realised technically via scripts that are solely available to, and controlled by, intermaps.
(10) Disclosures pertaining to data: In accordance with data protection regulations, information on one’s stored data may be obtained. Users having questions on retrieval, processing or use of their data or wishing to ensure that the data are accurate, or wishing to lock or delete said data should contact our support team (email@example.com).
(11) Changes to these regulations: If it is necessary to make changes to the data protection statement we will inform the user accordingly and in a timely manner via email.
Article 5. Rights of intermaps
(1) In the event of violation of these general terms and conditions or grounds for, or suspicion of, violation by the user, intermaps is entitled to exclude said user and to delete, where applicable, content used by him or sent to him.
Article 6. Termination of user profile
(1)The user may terminate his user profile within the iSKI domain app at any time. As a result, his user profile and all data connected to it and challenge rankings, will be irrevocably deleted. Deletion is possible directly within the iSKI domain app under “Termination” or in writing. Written requests for deletion should be sent to:
untere Paulistrasse 6b
Article 7. Liability of intermaps
(1) Use of the iSKI domain app is dependent on input from third parties, including GPS availability of the user’s smartphone as well as availability of an internet connection and other inputs. Intermaps incurs no liability and/or offers no guarantees with regards to such inputs. Similarly, intermaps offers no guarantee and/or incurs no liability for the accuracy, currency and completeness of advertising and product information of the cooperation and advertising partners, or the type, scope and quality of products and services offered by the cooperation and advertising partners.
(2) Liability for injuries to life, body or health due to delinquency on the part of intermaps or representatives or agents of intermaps shall be, as with other damages, limited to legally defined deliberate or negligent conduct.
(3) The current app is free of charge. Hence, no liability is assumed for loss of earnings or other financial losses.
Article 8. Changes in the general terms and conditions
(1)Changes in the general terms and conditions with regard to the user shall become effective only with his consent. Consent is considered to have been granted if intermaps emails the modified general terms and conditions to the user and he does not dissent within one month and he has been clearly and fully apprised of the related legal consequences in the email.
Article 9. Applicable law / Jurisdiction
(1) This contract is governed by Swiss law under the UN Commission on International Trade Law.
(2) The Wollerau, Switzerland court shall have sole initial jurisdiction regarding any dispute in relation to this contract.
Article 10. Final clauses
(1) If any clause of these general terms and conditions becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other clause of these general terms and conditions. In place of the unenforceable or invalid clause another clause shall be added that, to the greatest extent possible, has the same effect as the deleted clause.
As the iSKI community continues to grow, we are making changes to provide the best possible experience for our users. To support our innovative portfolio of apps and products, and to enhance transparency, we have prepared an updated privacy statement. Please take the time to read it below. From October 26th, 2017 your use of the iSKI.cc website and our iSKI apps means you consent to this new privacy statement.
If you have any questions or comments, please contact our Support team. support@iSKI.cc
Thank you for being a part and member of the iSKI community.
iSKI Privacy: https://iski.cc/en/privacy-iski.html