Terms & Conditions

1. Applicability

These General Terms & Conditions govern the contractual relationship between the client and the foundation Myhandicap.com ("MyHandicap"). The Terms & Conditions of Business apply to all agreements between Myhandicap and the client with respect to any/all services and products offered by my handicap.

2. Inception of Treaty, Right of withdrawal, Rescission

The general Terms and Conditions of Business become effective as soon as the client signs an agreement or has confirmed the acquisition of services and/or Products on the internet. Myhandicap retains the right to dissolve without declaration of reason, any arrangement reached between an employee or an agent of Myhandicap and a client or any arrangement confirmed on the internet, within a period of 14 days. In the case of a breach of contract, illegal or immoral use of the services by the client, or in case that the client may have occasion to complain, due for example to, incorrect insertion information supplied to Myhandicap. Myhandicap can, without remuneration consequences, immediately withdraw from contract and cease with the provision of services without prior notice

3. Prices and Terms of payment

Unless otherwise arranged, the current price list from Myhandicap will be used to calculate prices for the respective product. These price lists are available at any time on the internet, under the relevant application. Myhandicap intends to keep prices inline with the market and/or inflation level. These price adjustments will, unless otherwise arranged, also apply to current contracts. The prices are net (VAT Included) and in Swiss francs unless expressly otherwise arranged. The payment period is ten days from issuing of invoice. If the client does not pay within the payment period, Myhandicap can dissolve the agreement without notice or remuneration. There is an interest on arrears of 1 % per month charged, after the payment period has elapsed. Additionally, reminder costs of CHF 50.00 per reminder will be charged. Furthermore the client will bare the loss or damage suffered by Myhandicap caused by default of payment and/or dissolving of contract.

4. Warranty

In the event that works and services are rendered according to the law applicable (Wersvertragsrecht) to works and services, client's remedies shall be exclusively limited to rectification by Myhandicap. Alterations and reductions are not allowed. As far as lawfully admissible Myhandicap rejects all liability for damages resulting from defect.

5. Risk

The client bares all risks, which are a result of manipulations of his/her computer system, following functional disturbances of his computer and/or following abusive use of access authority that may occur.

6. Liability

The client is fully responsible for the contents of data that he/she forwards to Myhandicap, including for example online-advertisement and print orders. MyHandicap declines all liability for the content given by the client. In Particular Myhandicap takes on no warranty or guarantee whatsoever for goods or services offered as well as for possible resulting contract conclusions as for example purchase contracts. This is also valid for advertisement and print orders, which are acquired by Myhandicap in the name of the client. Myhandicap is liable only in case of deliberate or gross carelessness Myhandicap is in no way liable for subsequent damages or loss of profit. If Myhandicap, despite all diligence can not fulfil its contractual obligations, due to factors outside of its range of influence, like for instance natural catastrophes, War, strike, unforeseeable regulatory restrictions, or technical interferences, the client has no claim that these obligations be fulfilled for as long as the disturbance lasts. My handicap is not liable for; the damages suffered by the client as a result of misuse of the internet by a third party, security deficiencies or application interferences of the digital network from third parties and the internet as well as operating interferences of the application and online-platform from My handicap and from third parties

7. Off setting forbidden

The client is not permitted to offset their claims against claims from Myhandicap.

8. Transfers forbidden

The client is not permitted to transfer the contractual relationship to a legal successor, without the written permission from Myhandicap

9. Amendment of terms of use

Changes and additions of written agreements, outside of the General Terms and Conditions, regarding the corresponding terms of usage and insertion need to be agreed upon in writing by both parties for them to be considered valid. This is also true, where the requirement of a written agreement has been waived.

10. Severability clause

If any provision of this Contract is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this Contract.

11. Different contractual arrangements

Any possible gaps in the corresponding Agreement are to be covered by regulations, which at the time of closure of Agreement were for both parties agreed to be in accordance with the meaning and purpose of the arrangement.

12. Applicable law and Jurisdiction

The present terms of use are based on Swiss law, under exclusion of the international Collisions law. Exclusive place of fulfillment and Jurisdiction is at Myhandicap's domicile in Feusisberg. Myhandicap is also entitled to sue the client at his registered office or residence.

September 2007