Scope of application and preliminary remarks
The provider and operator of the website LogMy.World (hereinafter called “Website”) under the identical domain and of all associated services and products – unless otherwise identified – is FlightLevel Services GmbH with its registered office at Bottighoferstrasse 1 in CH-8280 Kreuzlingen (hereinafter called “Provider”), represented by Dr. Axel Schauenburg and Benedikt Escher.
These Terms & Conditions (hereinafter called “T&C”) cover all services provided and products delivered by the Provider via the Website for which a contract is concluded with the end user (hereinafter called “User”).
The Provider and the User are parties to the contract (hereinafter called “Party” or “Parties”).
Subject matter of the contract can be both one-off and recurring deliveries or provisions of products and/or services.
These T&C are published in German and English language. In case of doubt, the German version always applies.
Conclusion of contract
A contract is concluded between the Parties if the User opens an account or, in the case of premium services, accepts the Provider’s offer for the provision of services and/or products. In the case of ordering of products by the User through a web shop on the Website and its sub-pages, the presentation and description of products on the Website by the Provider does not constitute an offer of contract. Through ordering a product by clicking the «order» button at the end of the order process, the User submits a binding proposal for purchase. A contract is only concluded once the Provider sends an order confirmation including the T&C via email. The contract text will be saved in case of an order. After concluding the contract, the order information will no longer be viewable online.
Contract duration and termination in case of subscriptions
Certain services and products of the Provider are offered by means of subscriptions. These are concluded for either a limited or unlimited duration, according to the description on the Website, and either end automatically upon expiry of the limited duration or continue in the case of no termination by the User for unlimited contracts. The notice period and modalities are shown in the description of the product or service on the Website, where applicable. The Provider reserves the right of termination with a 12-month notice period for unlimited contracts.
A mutual right of extraordinary notice of dismissal exists in case of important reasons. An important reason can be the case e.g. if the resigning Party can prove that a continuation of the contract until the regular expiry or regular notice period would not be reasonable.
A notice of dismissal can be addressed to the Provider in written form, or if applicable via the payment portal of a payment service contracted by the Provider.
Methods and conditions of payment
The Provider offers the User a range of services and products at a cost or free of charge, which can include e.g. the use of certain services on the Website.
All payments for services or products are handled by the payment services offered by Stripe (510 Townsend Street, San Francisco, CA 94103, USA); the terms and conditions of Stripe apply. Payments are accepted through various suppliers such as credit card issuers. Such suppliers (hereinafter called “Suppliers”) are shown during the payment process. All prices shown on the Website are end prices in the currency shown during the payment process and include sales taxes where applicable. Any additional transaction fees charged by the Suppliers and any currency exchange fees, cost for chargebacks due to insufficient funds etc. are borne by the User. All payments are due with immediate effect.
Right of Withdrawal
The User has the usual rights of withdrawal according to Swiss law.
Transfer of the rights of use
All data, information and analyses available on the Website are provided by the Provider and partly through third-party suppliers and only serve the purposes of information and illustration for the User. All data, information and analyses provided or processed by the Website may only be used for private purposes by the User. This includes the sharing of data, information and analyses provided by the Website in a personal context as well as publicly through the means and formats provided by the Provider. Any commercial or professional use, processing or presentation of the data, information and analyses is prohibited and legal action by the Provider or a third-party supplier could result.
Forums, postings and means of communication
The Provider provides the User with different methods for publishing content as well as for communicating and interacting with other users. This can include discussions, comments, photos, videos or other content (hereinafter called “Content”). The sharing of Content via the Website entails the User’s explicit or implicit agreement to make this Content public.
The Content may not infringe the intellectual property of any other person, company or other institution (hereinafter called “Author”), unless the Author’s express consent has been secured. The Content may not be used for commercial purposes, reveal other persons’ identities without their consent, or contain any discriminating or pornographic material, material which glorifies violence, or any other inappropriate or illegal material. The Provider reserves the right to edit or remove such Content from the Website without notice. The Content does not represent the Provider’s opinion and the Provider denies any liability for the Content.
Disclaimer of liability
The Provider denies any liability for the content accuracy or correctness, currency, reliability or completeness of any information on the entire Website. Any liability claims against the Provider due to damages of material or immaterial kind resulting from the access, the use or non-use of the published information, the misuse of the data connection or technical disruptions, are excluded. The Provider reserves the right to modify, amend or delete the Website or the entire offer or parts thereof temporarily or indefinitely.
References or links to external websites are outside of the Provider’s area of responsibility. The Provider denies any liability for the content of external websites. The use of external websites is at the user’s own risk.
Any obligation of the Provider to deliver any products or services is excluded in cases of being prevented by the non-delivery of information or services by third-party suppliers.
Data protection and processing
The copyright or any other rights to content, pictures, photos and data on the Website are owned exclusively by the Provider or any other owner of such rights as specified. Advance permission must be obtained from the owner in written form before reproducing any such elements. This excludes content, pictures, photos or data provided by the User.
These T&C are valid indefinitely or until they are changed by the Parties through written agreement.
If a provision of a contract between the Parties governed by these T&C is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps such provision shall come into force by common consent which comes as close as possible to the intended result of the agreement, should the matter have been considered in advance. The same is valid in case of an invalid provision or a gap in these T&C.
In case of any dispute, Swiss law is to be applied exclusively. Place of jurisdiction: Kreuzlingen, Switzerland.