Terms and conditions
1.1 Cardskipper AB, 556856-6169 (the “Company”) provides the Cardskipper platform (the “Platform”) which deals with bookings and the subscription and renewal of membership/membership cards, as well as the purchase of products from the organisation (the “Organisation”) of which a member (“Member”) is already a member or is now joining himself or through another member.
1.2 These general terms and conditions (“General Terms”) form an integral part of the agreement between the Company and the Member on the use of the Platform by the Member. All questions about the legal relationship between the Organisation and the Member are handled directly between them and not through the General Terms and Conditions.
1.3 The Company acts on behalf of the Organisation and is thus an intermediary that is only a middleman between the Member and the Organisation. In connection with payment for a membership card for membership or some other product, the Member concludes a legally binding agreement with the Organisation and not with the Company.
2 Provision of the Platform
2.1 The Platform is provided by the Company with adequate technology and accuracy. However, the Company cannot guarantee that the Platform works completely without error or malfunction.
2.2 The Member is aware that, from time to time, the Platform may be unavailable due to planned and/or unplanned operational stoppages for service and maintenance of the Platform and/or the Company’s system. The Company shall make reasonable efforts to minimise the time for the shutdown of the Platform and/or the Company’s system and any disturbances that this entails for the Member.
3 Responsibility for information
3.1 The Organisation’s registration page on the Platform contains information on membership and prices for membership and other products. The Organisation is responsible for ensuring that the information on membership and prices is correct.
3.2 The Company is not responsible for any errors, incorrect, misleading, defective or missing information on membership and other products. In no case is the Organisation responsible for ensuring that the information (including prices and availability) shown on the Organisation’s page on the Platform is correct.
4.1 Payment for membership card/membership and/or any other product provided by the Organisation is made by the Member by card payment, direct payment through a bank or invoice. The Company uses an independent payment service provider, Payex, and its terms and conditions apply to the payment.
4.2 There are no fees for the Member regarding card payments or direct payments through a bank, and the Member pays only the price set by the Organisation. In the event of payment by invoice, an invoice fee of 15.90 SEK excl. VAT shall be added. If products are subject to shipping costs, this shall be clearly stated in the information that the Member receives before the purchase.
5.1 If the Member wishes to make complaints or other claims relating to the purchase of membership cards or other products, they must be addressed directly to the Organisation.
6 Limitation of liability
6.1 The Platform is merely a tool for the Member to purchase membership cards/memberships and/or other products from the Organisation, as well as, when appropriate, information from the Organisation. The Company provides the Platform as it is without any representations or warranties, whether express or implied, regarding the purchase and/or information on the Organisation’s membership card/membership and/or other products.
6.2 The Company does not warrant that the Member has continuous access to the Platform and the Member agrees that some interruptions to the Platform may occur. For example, access to the Platform may be limited due to unplanned or planned maintenance or for security or other similar technical or operational reasons.
6.3 These Terms and Conditions do not restrict the rights of the Member in relation to the Organisation or, as the case may be, the Company, as a buyer/consumer. For more information about the Member’s rights and obligations regarding the purchase of membership cards/membership and/or other products, reference is made to the information and terms that can be found on the Organisation’s page of the Platform. If conditions or special information contained in the Organisation’s terms are lacking, the rights granted to the Member as a buyer/consumer shall be governed by the law.
6.4 The Organisation is responsible for the membership cards/memberships and/or products communicated through the Platform. For the purpose of claiming and regulating damages caused to the Member by negligence of the Organisation, the Member is referred to the Organisation.
6.5 The Member is thus not entitled to make claims against the Company for questions or issues relating to the Organisation and its membership cards/memberships and/or other products. The Company is not liable for any repayment or other remuneration due to the Organisation’s delivered products or lack of delivery. For any repayment or claim for receipt of other remuneration, the Member shall be referred to the Organisation.
6.6 Any claim should therefore be submitted to the Organisation, except for such claims as the Company is responsible for as payment intermediary.
6.7 The Company’s liability in relation to the Member shall in any event and irrespective of the cause of damage be limited to the amount corresponding to the Member’s payment for membership cards/memberships and products.
7 Intellectual property rights
7.1 All material on the Platform, including the Platform layout, is protected by copyright, trademark law and/or other intellectual property rights. All intellectual property rights to the Platform are owned and held by the Company and, where applicable, its licensor.
7.2 Through the use of the Platform, the Member receives a non-exclusive right to use the Platform for the Member’s personal non-commercial use, unless otherwise provided by these Terms and Conditions.
7.3 The Platform may contain links to websites provided by third parties. The Company has no control over the content of such linked sites and does not accept any liability for such loss or damage as may arise due to their use by the Member.
8 Processing of personal data
8.1 The Organisation is personally responsible for personal data attributable to the Member which is processed in the Platform. The Company is the Organisation’s personal data assistant in the provision of the Platform.
8.2 Insofar as the Company processes personal data on behalf of the Organisation, the Company shall process personal information only in accordance with the Organisation’s instructions. The Company has taken appropriate technical and organisational measures against such information being accidentally or illegally destroyed or processed negligently, and against its becoming known to third parties, abused or otherwise processed in contravention of the relevant personal data legislation.
8.3 The Member is entitled to receive information about the use of the personal data relating to the Member. For inquiries and information about the processing of personal data, contact should be made with the Organisation using the contact details listed on the Organisation’s information page on the Platform.
9 Force majeure
9.1 Both the Organisation and the Company are exempt from all liability for failure to fulfil their obligations under these terms, if and to the extent that the failure is due to circumstances beyond the control of the Organisation and/or the Company, which should not reasonably have been anticipated and/or Overcome and which prevents the fulfilment of the obligation in question, such as extensive or persistent interruptions in data communications, virus or overload attacks, war, regulatory measures, new or changed legislation, labour market conflict, fire, power outage and similar circumstances.
10 Changes to these Terms and Conditions
10.1 The Company reserves the right to change these Terms and Conditions at any time. In the event of a change of the conditions, the Member shall be notified in writing through the email address and/or message notification within the Platform no later than thirty (30) days before the change of terms enters into force. However, a change may be made at shorter notice if it is caused by a situation of force majeure.
11 Termination etc.
11.1 The Member may terminate his account for the Platform of the Company at any time without giving reasons, by electronic or other message sent to the Company. The Member’s right to use the Platform ceases when such notice is received by the Company and the Company
unsubscribes the Member as a Member on the Platform.
11.2 The Company has the right to terminate the Member’s account for the Platform of the Company by electronic or other notice to the Member. Such message may be sent by email or by any other suitable means (e.g. through information on the Platform) to the Member. The termination enters into force on the first of (i) 30 days after the Company’s notice that the Company has terminated the Member’s account for the Platform of the Company or (ii) the date on which the Organisation’s agreement with the Company on the Platform ceases to apply.
12 Platform changes
12.1 The Member agrees that the Company may change the Platform’s design and functionality. The Member further accepts that the Company may change the technical and administrative procedures for the Platform.
13.1 Messages and questions to the Company can be sent by email to email@example.com.
14 Applicable law and dispute resolution
14.1 Disputes arising out of these terms or otherwise attributable to the use of the Platform shall be settled in the general courts. Swedish law shall apply to such dispute.