General Terms and Conditions of skillharbour GmbH
1.1 skillharbour is owner of the time-exchange market www.skillharbour.com and makes this available to its members for private usage. skillharbour aims to achieve a market for the mutually beneficial exchange of certain abilities and experiences. An individual providing one hour of service via skillharbour receives one "skillhour" credit. A skillhour is therefore the equivalent of one hour of specific performance and can be earned and spent again on skillharbour. A skillhour has no monetary value and may not be bought or sold.
1.2 These General Terms and Conditions (T&Cs) govern the execution of contracts and their content and completion between skillharbour and the members for usage of the online platform. The terms and conditions are an integral part of all services offered and contracts between the member and skillharbour. Additions, verbal agreements and amendments to the terms and conditions shall only be valid with written confirmation from skillharbour.
1.3 skillharbour reserves the right to adapt and modify the terms and conditions at any time. Any amendments become effective upon publication on www.skillharbour.com. The member gives his or her consent to the amendments by continuing to use the platform.
2. Subject of the contract/Prices
skillharbour provides a platform for the exchange of abilities, skills and experiences for the mutual benefit of the members. Registration and use of the platform is free of charge.
3. Formation of the contract/Beginning
3.1 The contract is formed upon registration and acceptance of the terms and conditions on the website.
3.2 A member must be registered in order to use the time-exchange market www.skillharbour.com. The member warrants that the information he or she provides is truthful and complete. The member must inform skillharbour immediately and in writing of any changes and amendments to his or her information. The member shall expressly refrain from registering more than once or from allowing other persons access to the separate services using his or her details.
4. Members' rights and obligations
4.1 The member may provide his or her abilities and experiences to other registered users on the platform www.skillharbour.com. The member is obligated not to misuse the services offered on www.skillharbour GmbH.com and to refrain from illegal actions. The offering of services with illegal, immoral, erotic, political or religious content is prohibited. skillharbour reserves the right to prohibit, at its own discretion, the offering of other services which are contrary to the interests of skillharbour. The member acknowledges that the content and information made available via skillharbour, as well as the design of the website are legally protected and may only be used with the expressly agreed consent of skillharbour.
4.2 The member is responsible for the availability of internet access and the necessary software and hardware components with the necessary settings. The member is obligated, under item 4.1, to immediately report prohibited services being offered and any improper use of the skillharbour platform.
4.3. The member shall be responsible for keeping his or her username and password safe and shall ensure that no third parties have access to personal information. skillharbour must be informed immediately in the event of signs of misuse by unauthorised persons.
4.4.skillharbour is not obligated to check the content of services offered by members. Every member is solely and personally responsible for the services he or she offers. skillharbour reserves the right to terminate the contract unilaterally and without notice in the event of suspicion of breach of contract by the member and to immediately disable the internet presence and accounts. Claims for compensation by skillharbour, as well as civil and criminal action remain reserved.
5. skillharbour rights and obligations
5.1 skillharbour shall only pass on personal information to third parties with the express consent of the member where doing so is not necessary for the fulfilment of the contract.
5.2 skillharbour may consult third-party suppliers for the fulfilment of the contract.
5.3 skillharbour is not a contracting party to the agreements reached between the respective members.
6. Termination/Conclusion of the contractual relationship
Either party may terminate the contract at any time by mail. All claims of the member against skillharbour and other members (e.g. unused skillhours) shall expire upon termination of the contract.
7.1 Insofar as legally permissible, skillharbour expressly excludes liability of any kind, in particular for indirect or direct damages. Moreover, skillharbour shall not be responsible for members' actions towards other members and third parties.
7.2 The member shall be solely responsible for acquiring insurance (accident, personal liability, etc.).
7.3 The member shall be obligated to hold skillharbour free of all claims from third parties that result from the illegal or improper use of www.skillharbour.com. This includes all potential legal defence costs for skillharbour.
8. Severability clause
Should one or more of the conditions of these General Terms and Conditions prove to be invalid, it shall not affect the remaining conditions. These remain unchanged and retain their validity.
9. Applicable law
9.1 All legal relationships of the member towards skillharbour shall exclusively be subject to Swiss law (with the exception of the CISG).
9.2 The exclusive place of jurisdiction for all disputes shall be the registered office of skillharbour in Basle.
Version: 1 February 2014
Company number: CH-270.4.004.103-3, Commercial register of the canton Basel-Stadt
Legal Nature: Ltd.
CEO: Graziella Michel-Zullo
Trademark: skillharbour is a registered trademark
Fiduciary: Stefan Bercx, Basel, CHE-115.146.216
Copyright skillharbour GmbH, Switzerland. All rights reserved. All content such as text, images, graphics, sound, animations and videos and their arrangement on the skillharbour GmbH website are protected by copyright and other protective laws. The content of these web pages may not be copied, disseminated, altered or made accessible to third parties for commercial reasons. Imitation and utilization are permitted only with approval of skillharbour GmbH.
This site was compiled with utmost care. skillharbour GmbH excludes all liability for damages incurred directly or indirectly from the use of this website and the information contained therein.
The German version prevails.
Data Protection Statement
1. Data Protection
1.1 Data protection is very important to skillharbour GmbH.
skillharbour GmbH will only collect, store and process the personal data of the user where necessary in order to render the services or where permitted/required under the relevant data protection laws. skillharbour GmbH will treat personal data as confidential and in line with the provisions of the applicable data protection laws.
When visiting www.skillharbour.com, users can decide for themselves which personal details they choose to disclose. If a user registers to conduct a skill exchange, skillharbour GmbH requires personal information from them such as their name and e-mail address. The user decides himself with which person he wants to conduct a skill exchange.
1.2 Registered users can use their account to print out, save or delete the content of the customer details stored in accordance with 2.1 at any time.
1.3 When users visit www.skillharbour.com and read the newsletter, skillharbour GmbH is able to automatically gather additional information that makes it possible for skillharbour GmbH to determine how users make use of www.skillharbour.com and the newsletter, and to see which information and offers attract the most interest (see 3.1 Tracking data).
1.4 By accessing www.skillharbour.com, the following technical user data is automatically transmitted to the skillharbour GmbH:
• pages visited by the user, including the time they accessed them;
• the referrer URL, i.e. the website visited by the user before they accessed www.skillharbour.com, provided that website is linked to www.skillharbour.com;
• the browser and operating system used by the user, if this information is transmitted by the browser;
• the user’s IP address.
2. Tracking Data
2.1 To optimise its website and for statistical purposes, skillharbour GmbH collects tracking data, which provides information about users’ surfing behaviour on the internet. This tracking data cannot be attributed to individual users.
2.2 www.skillharbour.com uses Google Analytics, an online analysis service provided by Google Inc. (“Google”). Google Analytics uses “Cookies” (see 3.1). The information generated via cookies about the use of www.skillharbour.com (including the IP address) is passed on to a Google server in the US, where it is stored. skillharbour GmbH has activated the IP anonymisation. The user IP addresses gathered by Google from this website are therefore generally truncated in Europe before they are forwarded to the USA. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there. Google uses this information to evaluate how the www.skillharbour.com is used, to generate reports about www.skillharbour.com activity for skillharbour GmbH and to ensure the provision of other services related to the use of www.skillharbour.com and the internet. Google may also pass this information on to third parties, so long as this is legally required or when these third parties process the data on behalf of Google. On no account will Google associate the user’s IP address with any other Google data. The user can prevent the installation of cookies by using the corresponding browser settings, however this may mean that they cannot access all of www.skillharbour.com’s functions to the full extent. Users can also prevent the collection of the data generated by cookies and related to their use of the website (including their IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en.
3.1 Cookies are small data elements that a website can send to a browser to improve the user’s access to database-supported systems. By using cookies, skillharbour GmbH is able to recognise the user’s computer the next time they visit the website. So, for instance, the user will not need to re-enter any information they have already entered. Cookies are also used by skillharbour GmbH to facilitate certain processes, services.
3.2 However the user can change the settings on their browser so that they are notified whenever a cookie is received, or choose to automatically block cookies. So the user can decide for themselves whether they want to accept the cookies or not.
4.1 If skillharbour GmbH decides to change the data protection guidelines, the changes will be published on www.skillharbour.com. The current data protection statement published on www.skillharbour.com is always the valid version at the time the legally relevant transaction is performed.
4.2 These data protection guidelines are available in the original German version. Only the German version is legally binding.