1. Scope and contracting parties
These General Terms and Conditions (hereinafter the “GTC”) govern membership of Swiss PGA Sodales, the official fan and support club of the Swiss Professional Golfers Association (hereinafter the “Provider”), as well as use of the members platform operated at sodales.swisspga.ch (hereinafter the “Platform”).
The Provider is the Swiss Professional Golfers Association (Swiss PGA), Solsanastrasse 10, 3792 Saanen, Switzerland, e-mail: sodales@swisspga.ch.
Upon completion of the registration process and acceptance of these GTC, a contract is formed between the member (hereinafter the “Member”) and the Provider. The GTC are thereby accepted in full. The version in force at the time of conclusion of the contract is decisive.
2. Membership
2.1 Requirements and capacity
Membership requires full legal capacity and is open to natural persons aged 18 or over. Minors may only take out a membership with the prior consent of their legal representative. In that case the legal representative is jointly and severally liable for the membership fee. By concluding the contract, the Member warrants that they are of age and have full legal capacity, or that the required consent of their legal representative has been obtained. The Provider is entitled to request proof of consent and to refuse or terminate membership if such proof is not provided.
2.2 Formation of contract
The contract is formed when the Member completes the registration process, accepts these GTC and payment has been successfully processed. The Provider confirms membership by e-mail.
2.3 Account and access credentials
Upon registration the Member provides true and complete information and keeps it up to date. The Member keeps their access credentials confidential and does not disclose them to third parties. The Member is liable for all actions taken through their account.
2.4 Term and renewal
Membership is concluded for one year from formation of the contract. It renews automatically for successive one-year periods unless terminated in due time in accordance with clause 6.
2.5 Non-transferability
Membership is personal and not transferable to third parties.
3. Services
3.1 Scope
The scope of membership services is described on the Platform at sodales.swisspga.ch/leistungen.
3.2 Changes
The Provider may adjust, expand or reduce the scope of services provided the core character of the membership is preserved.
3.3 Third-party benefits
Individual services are provided by partner companies. The Provider assumes no warranty for their performance, quality or availability. The terms and conditions of the respective partners may apply in addition.
3.4 Offers by Playing Members
“Playing Members” means the playing professionals who are members of Swiss PGA and whose personal offers may be listed on the Platform. Vis-à-vis the Member they are third parties and not a contracting party to these GTC. Personal offers by Playing Members listed on the Platform are concluded exclusively between the Member and the respective Playing Member. The Provider is not a party to such contracts and is not liable for their performance.
3.5 Availability
The Provider does not owe uninterrupted availability of the Platform and may temporarily restrict or interrupt operation, in particular for maintenance.
4. Membership fee and payment
4.1 Fee
The annual fee is CHF 125.00 incl. VAT. The Provider may adjust the fee for future membership years and will notify the Member of changes at least 30 days before automatic renewal.
4.2 Payment methods
Payment is made via the methods offered on the Platform (in particular credit card and TWINT). Processing is handled by the payment service provider Stripe. Its terms apply to the processing of payment data. The Provider assumes no liability for the services of the payment service provider.
4.3 Due date
The fee is due immediately upon formation of the contract. On automatic renewal it is charged on the renewal date.
4.4 Default of payment
If a payment fails or remains outstanding, the Provider will set the Member a reasonable deadline to update payment details or settle the amount. If payment is not made within that period, the Provider may block access to the Platform and terminate membership. The outstanding amount remains due and, after an unsuccessful reminder, bears interest at 5% p.a.
5. Member obligations
In addition to the obligations under clause 2.3, the Member undertakes in particular:
- not to use the Platform in an abusive or unlawful manner;
- not to harm the reputation of the Provider, the Sodales community or the Playing Members;
- to comply with applicable laws and regulations.
6. Termination; no right of withdrawal
6.1 Termination by the Member
The Member may terminate membership as of the end of the then-current term. Termination is effected via the Platform or by e-mail to sodales@swisspga.chand must be received at least 30 days before the renewal date; otherwise membership renews for a further year in accordance with clause 2.4.
6.2 Termination and blocking by the Provider
The Provider may terminate membership for good cause with immediate effect and block access, in particular in case of breach of these GTC, non-payment of the fee, or damage to reputation under clause 5.
6.3 No refund
A membership period that has already been paid and is ongoing will not be refunded — not even on a pro rata basis.
6.4 No right of withdrawal
Membership is a digital service activated immediately. There is no statutory right of withdrawal. To the extent mandatory consumer law exceptionally provides for a right of withdrawal, that right expires upon the Member’s express request for immediate activation of the services.
7. Intellectual property and content
7.1
All Platform content (in particular texts, images, videos, trademarks and logos) is owned by the Provider or its licensors and is protected by copyright and trademark law. For the duration of membership the Member receives a simple, non-transferable right of personal use. Any further use, in particular reproduction, distribution or making available to the public, requires the Provider’s prior written consent.
7.2
To the extent the Member publishes their own content on the Platform, they grant the Provider a non-exclusive, royalty-free and transferable right to use such content in the course of operating the Platform. The Member warrants that they hold the rights required for this purpose.
8. Data protection
The processing of personal data is governed by the Provider’s privacy policy, available at sodales.swisspga.ch/en/privacy, as well as by the Swiss Federal Act on Data Protection (FADP) and — where applicable — the General Data Protection Regulation (GDPR).
9. Liability
9.1
The Provider’s liability is excluded to the fullest extent permitted by law. The Provider is therefore liable only for damage caused by its own intent or gross negligence. Liability for slight negligence is excluded. Liability for auxiliary persons is fully excluded — including for their gross negligence or intent. Liability for personal injury and any liability that cannot be excluded under mandatory law remain reserved in any event.
9.2
To the extent permitted by law, liability for indirect and consequential damage as well as for damage arising from force majeure, technical faults, Platform interruptions or services of third-party providers is excluded.
9.3
Where the Provider is liable, liability is — to the extent permitted by law — limited to the annual fee paid by the Member for the current period.
10. Amendments to the GTC
The Provider may amend these GTC. Amendments will be notified to the Member by e-mail or via the Platform (e.g. by notice on the next login) at least 30 days before they take effect. If the Member does not object within that period, the amendments are deemed accepted. In the event of an objection, the Member may terminate membership as of the effective date of the amendments.
11. Final provisions
11.1 Severability
Should individual provisions of these GTC be or become wholly or partly invalid or contain a gap, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, or to fill the gap, a rule shall be deemed agreed that comes closest to the economic purpose.
11.2 Governing law
These GTC and the membership are governed exclusively by Swiss law, excluding conflict-of-laws rules (PILA) and the UN Convention on Contracts for the International Sale of Goods (CISG).
11.3 Place of jurisdiction
The exclusive place of jurisdiction for all disputes is Saanen (BE), unless mandatory statutory provisions (in particular in favour of consumers) provide for another place of jurisdiction.