Vendor Terms & Conditions

We trust you (we really do). We dislike asking you to agree to so many terms and conditions. But many of these terms and conditions are required by Swiss law and the rest are added to avoid misunderstandings which may negatively affect our relationship with you.

Website for course offerings:

GoTua is a website for courses, events and activities (hereinafter ‘Product’). You (hereinafter ‘You’ or ‘Vendor’) you will use this website to attract Customers and simplify the booking process with GoTua acting as your agent. By posting on this website you are entering into a contract with GoTua GmbH (hereinafter ‘GoTua’).

Definitions:

  1. Customer: The person who buys the product on the GoTua website.

  2. GoTua: GoTua GmbH.

  3. GoTua Fee: the percentage of the Product Fee that is paid to GoTua for its services.

  4. Product: A course, activity or event that has been listed on the GoTua website.

  5. Product Fee: The amount charged to the Customer for a product. The Product Fee is the fee listed in the course description.

  6. Vendor: Any institution or person who uses GoTua’s website to advertise and sell their product.

GoTua Fees:

The Vendor agrees to pay GoTua an agency fee equal to 15% of the Product Fee(s).

Agreement between Vendor and the Customer:

When a Customer chooses one of your courses, events or activities that they want to book, they will enter into a direct agreement with you, the Vendor, by submitting their personal details and completing the booking and payment process.

The agreement between you and the Customer will be governed by these Terms and Conditions and by your cancellation policy.

Neither the Customer’s use of the GoTua website nor the completion of any step of the booking process will result in any contractual relationship between GoTua and the Customer.

Standard Services Provided by GoTua:

Product Advertising:

GoTua agrees to show the Products on the GoTua website in the category(ies) designated by the Vendor. While this agreement remains in effect, the Product will remain on the GoTua website for at least 30 days after the course date to allow for Product reviews to be posted. After 30 days from the course date, GoTua may remove the Product listing from the GoTua website but reserves the right to keep the Product on the website as long as the Vendor remains registered with GoTua.

Marketing:

GoTua will endeavor to market the Product to as many potential Customers as possible via the promotion of the GoTua Website. GoTua offers no guarantees in obtaining Customers for the Vendor’s Product(s). However, the Vendor’s success is also GoTua’s success so we will do our best to make both of us successful.

No Guarantee for the Content of the Website:

GoTua endeavors to ensure that all information contained in this website is correct. However, this website contains Vendor Product information which GoTua cannot verify or control. You as the Vendor are responsible for the content of your course, activity or event information and for your Vendor profile information.

GoTua reserves the right to change the information contained in a Vendor Product or Vendor profile at any time without prior notice. Changes by GoTua will be limited to removal of offensive content, grammatical corrections, adding missing information, or adding general instructions. The Vendor can also change Product information at any time.


Duties and Obligations of the Vendor:

Product Listing:

The Vendor is responsible for providing GoTua with the Product information including photographs. The Vendor assumes full responsibility for the content of the Product offered including ensuring that all relevant information is given to GoTua and potential Customers. Vendors understand that all content, images, and email addresses are publicly available to be viewed and acted upon by any Customer.

Product Fee:

The Vendor is required to set a Product Fee equal to the lowest fee offered by the Vendor through other booking channels. In no case can the Product Fee on GoTua cost the Customer more than booking the Product through another method.

Product Quality:

GoTua is not responsible for ensuring the quality of any Product offered by the Vendor. This agreement and subsequent use of GoTua website shall not be considered an endorsement by GoTua of any Vendor or Product. The Vendor is solely responsible for ensuring the quality of the Product offered by the Vendor on the GoTua website. To that end, each Product (course, activity or event) must meet the objectives and instructor criteria stated in each Product description.

GoTua is also not responsible for the quality or content of any reviews made by Customers of the Vendor’s Product.

Product Cancellation and Rescheduling:

GoTua is not responsible for any changes or cancellations made to Products offered by the Vendor. Any of GoTua’s fees that have been collected by GoTua for a Product that is subsequently cancelled will not be refunded to the Vendor unless by special authorization by GoTua’s management. Full refunds of all Product Fees or rain checks to all Customers are the sole responsibility of the Vendor. So cancellation of a Product that has been purchased by a customer will result in lost fees to the Vendor in the form of lost GoTua fees.

Website Information.

The Vendor agrees not to copy, reproduce, alter, modify, or publicly display any information displayed on our website or create derivative works from our website, to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of GoTua or any other third party, except with the prior written consent of GoTua or the appropriate third party.

Assignment of Contract:

Neither GoTua nor the Vendor may assign, transfer, convey, sublet or otherwise dispose of this contract or its right, title or interest therein, to any person or corporation without the previous written consent of the other party to this contract.

Indemnity:

The Vendor agrees to indemnify and hold GoTua and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Customer or third party due to or arising out of a breach of this contract and referenced documents, or to a breach of the Vendor’s representations and warranties or by the Vendor’s use of the GoTua website, Vendor information, or by violation of any law, statute, ordinance or regulation or the rights of a third party. Without limiting the foregoing, the Vendor agrees to indemnify and hold GoTua and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any Customer or third party due to or arising out of the actions of the Vendor including the Vendor’s use of the funds paid to the Vendor by the Customers.

Disclaimer of Warranties:

The Vendor’s use of the GoTua Website is at the sole risk of the Vendor. The GoTua website is provided to the Vendor “as is” and on an “as available” basis. GoTua specifically disclaims all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. GoTua disclaims any warranties regarding the security, reliability, timeliness, and performance of the GoTua website.

Insurance:

The Vendor agrees to accept the responsibility for general liability insurance and for any other insurances related to their product offerings.

Limitation of Liability:

The Vendor agrees that in no event shall GoTua be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GoTua has been advised of the possibility of such damages), arising out of or in connection with GoTua Website or this contract or the inability to use GoTua Website (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of GoTua Website, participation in or exclusion from Products and the actions or omissions of the Vendor or others. The Vendor further agrees that in no event shall GoTua be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages resulting from a Customer’s or Vendor’s negligence, gross negligence, recklessness, or intentional action; damages resulting from defective design or condition of any material, object, or fixture used during courses; or damages resulting from the defective or dangerous condition of the premises at which a course takes place. GoTua’s liability to the Vendor or any third parties in any circumstance is limited to the lower of (a) the amount of fees, if any, the Vendor pays to us in the twelve (12) months prior to the action giving rise to liability, and (b) CHF 1,000.

Taxes:

The Vendor is solely responsible for the accurate and timely reporting of all collected Vendor Fees and all sales and income tax payable on those fees, if any.

Data Protection:

The personal and payment data you enter when you use this website will be used exclusively by GoTua and our payment processor, Stripe, and will not be passed on to other parties. See Stripe’s data protection policy here: https://stripe.com/ch/privacy.

Technical Problems:

GoTua will endeavor to solve technical problems as quickly as possible. However, GoTua cannot be held liable for difficulties that arise during the use of this website due to problems with our server, by Internet malfunction or by actions of third parties, including our payment processor, Stripe.

E-mail Traffic:

By registering with GoTua and giving us your e-mail address, you agree to accept correspondence by e-mail. At any time you may unsubscribe from any newsletters, blogs or other periodic emails we may send you. However, all receipts and payment confirmations will be sent to you via email.

Contract Termination:

This contract may be terminated by either party at any time with written notice to the other party. At the discretion of GoTua, the Vendor’s Products may be removed from GoTua Website at any time after contract cancellation.

Governing law:

These ‘Terms and Conditions’ shall be governed by the laws of Canton Aargau in Switzerland.

Contact Information

GoTua GmbH is registered in the Canton of Aargau, Switzerland. Our contact information is:

GoTua GmbH
Bahnhofstrasse 15
4310 Rheinfelden, AG

Email:contactus@gotua.com

Tel: +41 (0)61 831 00 49