General conditions and use of the Platform
Preamble – Introduction
The present general conditions and use (hereinafter: “GCU”) govern the terms and conditions for the access and use of the website which gives access to the Platform “BeMyDate” (hereinafter: the “Platform”) and whose purpose is the publication of advertisement announcements for the provision of escort services.
By logging in the Platform, you expressly acknowledge having read, understood and accepted without any limitation the present GCU, including the data protection Declaration (hereinafter: “DPD”) which constitutes an integral part of the present GCU. The above mentioned documents together are named “Terms of Use” and you warrant being an adult in Switzerland (at least 18 years old) and in your country of residence.
We invite you not to use our Platform if you do not entirely agree with the Terms of Use as in force at the time of its use.
Please be aware that by logging in the Platform you fully accept to be exposed to explicit sexual content.
1. Definitions
- NON-MEMBER USER: an adult wishing to access the Platform for free, without creating an account, in order to consult/search the published advertisements for the provision of escort services.
- MEMBER: an adult wishing to consult/search for free the published advertisements on the Platform and having created an account enabling him to take advantage of features that are not available to the NON-MEMBER USER.
- PRO(S): adult(s) having created an account on the Platform in order to advertise his/her/their own escort services.
- PROFILE: personal page created by PRO upon the opening of its own account, containing all the information that PRO wishes to publish on the Platform in order to advertise its own escort services.
- MEETING: the fact for a NON-MEMBER USER or a MEMBER to meet with a PRO, once connected via the Platform.
- BeMyDate : the company that manages and operates the Platform and/or https://www.bemydate.ch.
- PROS, the NON-MEMBER USERS and the MEMBERS are jointly named the “USERS”.
2. Role of BeMyDate
BeMyDate proposes an on-line platform which offers to its NOM-MEMBER USERS and MEMBERS the possibility to access the published advertisements of the PRO(s) on the Platform and to enter into relation/communication with them, or through the “chat” area for the MEMBERS (hereinafter: the “Chat”).
The operation of the Platform and the services offered by the PRO(s) are described in detail on the website https://www.bemydate.ch.
The obligations of BeMyDate are limited to the publication of on-line advertisements of the Profiles of PRO intended for people aged 18 or over, according to the modalities described on the website https://www.bemydate.ch.
3. Use of the Platform
The access and the use of the Platform for any reason whatsoever are strictly permitted to adults in Switzerland and/or in their country of residence.
The PRO is authorized to register with the Platform only if he/she acts as an independent provider of his/her own services. He/she is required to act in this capacity exclusively within the range of services that he/she has advertised on the Platform.
The use of the Platform by a PRO requires the creation beforehand of an account (hereinafter: “The Pro Account”) and respecting the steps that must be followed as mentioned on the Platform during the creation of a Pro Account and the setting-up of the respective Profile. This will involve in particular that the PRO shall use on at its expense (subject to a promotional offer to the contrary which is published on the Platform and is in force when creating a Pro Account) the services of any of the photographers listed on the published list of the Platform (hereinafter: “The Licensed Photographer”), for the purpose of shooting photos of the PRO that will be published on its Profile (hereinafter: “The Profile Photos”). The Photo File will be kept by the Licensed Photographer on behalf of BeMyDate as long as the Pro Account has not been cancelled and at least up to the year that follows the cancellation of the Pro Account. Following the above mentioned period the Licensed Photographer will destroy the Photo File.
During the process of creating a Pro Account, the PRO warrants that he is/she is at least 18years old and is considered as being an adult in his/her country of residence. In addition the PRO confirms that he/she is legally providing escort services as advertised under his/her Profile and abides to all Swiss laws and regulations as in force and the information provided by the PRO under his/her Profile is complete, truthful, and up to date and is not misleading in any way.
Upon providing all the necessary information for creating a Pro Account, the PRO will have the possibility to register under a pseudonym and select at its discretion the information related to him/her and the offered services, as well as the Profile Photos to be published under his/her Profile. The PROS are entitled to amend/change the above at any time.
The PRO will be entitled at any time to cancel or deactivate his/her account, but such an action will not give them any right to request/demand the reimbursement of all or part of the advertisement costs they have paid in advance for the duration of the advertisement period initially agreed. The Pro Account will be cancelled automatically from the Platform at the end of the agreed advertisement period, except if the account is deactivated or a renewal request has been made by the PRO through the Platform before the end of the agreed period.
The PRO undertakes to keep up to date the information provided at the time of creating the Pro Account and its Profile.
The PRO undertakes to provide its services as advertised through the Platform within the framework and the restrictions/limits imposed by Swiss law.
The use of the Platform by a MEMBER requires creation beforehand of an account (hereinafter: “The Member Account”) and respecting the steps that must be followed as mentioned on the Platform during the creation of a Member Account.
The opening of a PRO Account or Member Account requires a valid email address.
The USER acknowledges that he/she is not entitled to transfer or permit access to its Pro Account or Member Account to a third party and is always responsible of maintaining confidential its access codes to its Pro Account or its Member Account.
In any case the USER is the sole responsible for the use of the Platform that takes place through his/her registered access codes.
4. Exclusion and limitation of responsibility of BeMyDate
The editorial content and the pictures attached to the advertisements and to the Profiles published by the PROS on the Platform in order to offer their escort services are the sole and exclusive responsibility of the PROS. BeMyDate cannot be held responsible, in any way whatsoever, for the offer of illegal services or for the content or the communication of inaccurate and/or illegal information published by a PRO on the Platform.
BeMyDate does not examine or verify the content of the “Chat” messaging service used by the MEMBERS and cannot be held responsible/liable for its content.
In any case, BeMyDate is entitled to delete, as soon as it has knowledge, without prior notice or notification and at its entire discretion, any published information/data or element on the Platform by the Users or Chat conversations which may be illegal or likely to shock other USERS.
BeMyDate is not a control body which verifies and validates that the PRO has the legal status and that it fulfills all the legal requirements for providing the escort services that are offered through the Platform.
BeMyDate does not employ directly or indirectly any of the PROS registered with the Platform. They offer their escort services on a complete independent basis. In this respect, BeMyDate should not be considered as being a manager, a placement or recruitment agent or any other similar legal forms.
BeMyDate neither manages nor intervenes in any manner whatsoever in the organization or the execution of the escort services offered by the PROS during the MEETINGS. Therefore BeMyDate assumes no responsibility for the rights and obligations arising from the contractual obligations established between the USERS.
BeMyDate cannot be held responsible/liable for any erroneous and/or illegal information provided by the PROS at the time of their registration and the setting-up of their Profile, or if they omit to update such information.
BeMyDate has the right to modify or suspend the access to the Platform to its USERS at any time and without prior notice, especially for technical or organizational reasons. Accordingly, BeMyDate cannot be held responsible/liable in the event of a temporary or total unavailability of all or part of the access to the Platform or in case of malfunction of the Platform.
In any case and in general, BeMyDate can be held responsible/liable only for facts that are directly attributable to it and which are the result of serious misconduct or fraud.
The Platform may contain links to other third websites. It is specified that BeMyDate does not exercise any control on the content of the said third websites, their legality, their truthfulness, their relevance or their access and cannot be held responsible/liable in this respect. If you click on, copy or use such links, you do it at your own risks.
BeMyDate cannot be held responsible/liable in case of abusive use or use that is not in accordance with the law or with the GCU of the Platform by its USERS or third parties.
5. Intellectual Property
The published content by BeMyDate appearing on the Platform is protected by intellectual property rights. The content of the Platform and specifically the texts, brands/signs, photos (with the exclusion of the Profile Photos), videos, software and programs/apps, music, graphic charts, logos and databases are the exclusive property of BeMyDate.
The reproduction, the transmission, the modification or use for public or commercial purposes of all or part of the content of the BeMyDate Platform, as well as the creation of links with BeMyDate are subject to the prior written approval of BeMyDate.
6. Deactivation or Closing of Accounts
In the event of breach or non-compliance by a USER of any of the obligations arising from the present GCU or from the law, BeMyDate is entitled to cancel USER’s account, without prior or formal notice, with immediate effect without the right to any reimbursement or compensation and without prejudice to any other rights arising from the above breach or non-compliance.
Furthermore, ByMeDate is entitled to block, at its own discretion and without prior notice, the use of a USER account in whole or in part without the right of the USER to claim any kind of compensation.
In the event of a PRO Account being blocked, the advertising costs paid in advance will be deferred to a new period pro rata temporis following the unblocking/reactivation of the PRO Account and in the event of a PRO Account being blocked for a period of time exceeding one (1) month, BeMyDate will reimburse the advertising costs pro rata temporis.
You acknowledge and accept that any loss of profits, damage or harm caused by the cancellation or the total or partial blocking of your Account for any reason whatsoever, do not entitle you to any kind of compensation or indemnity from BeMyDate or from any other USER of the Platform unless expressly stipulated under the present GCU.
7. Data Protection
When using the Platform, BeMyDate collects and process certain personal data of the USERS.
By using the Platform you acknowledge and accept the process of your personal data in accordance with the applicable law on that matter (Federal Law for the Protection of Data, 19th of June 1992).
BeMyDate uses cookies, namely files placed in your computer, allowing to assess your use of the site/Platform. By using our website you accept the possibility of use of these cookies.
However cookies can be disabled/deactivated by visiting the settings of your internet browser. We would like to draw your attention to the fact that disabling cookies may limit your access to certain features of the Platform.
BeMyDate is also likely to be compelled to provide your data to the authorities, if required to do so in a legally justified manner.
For more information regarding the matter subject, please refer to our DPD.
8. Communications
You may receive marketing material from BeMyDate if you have requested so, or if you have created your account without mentioning that you do not wish to receive such marketing material.
However you have the option to unsubscribe from receiving any marketing material at any time.
Please note that as long as you have an account with the Platform, BeMyDate is entitled to send you service communications messages, in particular administrative and service messages concerning your account.
9. Abuses
Any abuse, misuse or behavior not in accordance with the law or with the GCU by the USERS of the Platform or any suspicion of non –compliant behavior by a USER can be reported to the following address: info@bemydate.ch.
10. Modification of the GCU
BeMyDate may modify and/or update at any time the present GCU or any other document which forms a part of it. The above-mentioned applicable rules are those in force, as published on our website on the date of use/visit of the website by the USERS.
The simple fact of publishing the GCU or any other revised document which forms a part of it on the Platform renders them enforceable. By continuing to use the Platform following a modification of the GCU means that you accept the modified GCU.
It is advisable to keep yourself regularly informed of the GCU being in force, from time to time. You may access the GCU by clicking on the link “General Conditions”.
A copy of the GCU as in force may be obtained by contacting us using the contact details as provided under article 13 of the present GCU.
11. Safeguard Clause
If any of the provisions of the present GCU is determined to be invalid, illegal or without any legal effect the remaining provisions shall remain in full force and effect. Swiss legal regulations are applicable in case of a legal gap or of a clause without legal effect.
12. Governing Law and Jurisdiction
The present GCU is governed by Swiss law.
Any dispute shall be submitted to the exclusive competent courts of Geneva subject to the filing of an appeal to the Federal Court of Switzerland in Lausanne.
13. Operator
Any question regarding the Platform can be submitted to BeMyDate by post at the following address:
Any reference made to https://www.bemydate.ch in the present GCU refers to the company operating the website.
14. Entry into force
The present GCU enters into force on the 1st of June, 2022.