General Terms of Use

The following provisions govern the relationship between Coop Cooperative, Thiersteinerallee 12, 4053 Basel, Switzerland (hereinafter referred to as "Coop") and visitors (non-registered users) as well as MyFOOBY account holders (registered users) using the www.fooby.ch website. This includes the related domains and mobile versions, as well as the applications and our other services (hereinafter referred to as "digital channels"), which are associated with these Terms. By using the digital channels, you are agreeing to be bound by these Terms of Use and the Coop Privacy Policy.

2. MyFOOBY accounts

2.1 Registration

Participants in the Supercard programme have the option of setting up their own personal MyFOOBY account and benefiting from additional food-related offers. Personal accounts can be used to save participants' own recipes and cookery books, etc. As a registered user, you can also comment on individual articles.

To register, you need to enter your personal Supercard ID. Supercard-holders can request a Supercard ID simply by clicking here: Supercard ID.

2.2 Saving recipes

In your account, you can save recipes and create your own cookery books. You are responsible for creating a backup copy of the data stored in your MyFOOBY account on a local storage device. Coop is not liable for the loss of any content or data.

2.3 Comment function

The comment function is only available to registered users. Before posting your first comment, you must specify a nickname which will be stored in your account and displayed with each of your comments. The nickname associated with your account cannot be changed at a later time. All nicknames are assigned once only. Coop retains the right to refuse certain nicknames.

Comments are not published automatically. They must first be activated by Coop, which can take some time. Coop has no automatic control over the content of comments posted by participants and is not obliged to check whether comments are correct, complete and lawful before activating them. Participants are responsible for the comments they post.

The comments you publish must not contain any content which:

  • May violate or infringe the personal rights and/or property rights of third parties;
  • Is regarded as obscene, abusive, defamatory, offensive, as glorifying violence, pornographic, harassing, racist or objectionable in any other respect; contains self-promotion, advertisements for commercial products or political advertising or appeals for protests, organizations or political campaigns;
  • Contains links to contributions from third parties;
  • Contains accusations or slander against individual persons or companies.

Please note that the publication of comments is not a right, even if the comments conform to the requirements. Owing to the large volume of comments, we will not supply any explanation for the non-publication of comments. If Coop is notified of an infringement of rights, Coop will delete the comments concerned without consulting the participant beforehand. Coop may also delete content posted by participants at its own discretion.

2.4 Data protection and data security

The data and content you save in your MyFOOBY account are stored on Coop servers in Switzerland which meet the applicable technical standards for security. Adequate technical and organizational precautions are taken to protect your personal data against loss, destruction, tampering, manipulation and unauthorized access. Although Coop implements all reasonable measures to prevent the disclosure of personal data as a result of data transfer errors or unauthorized access by third parties, it cannot be held liable for any such unwanted occurrences.

You can permanently delete the data and content stored in your account by deleting your account (see Section 2.5). Any comments you have posted will remain in the digital channels, even once your personal MyFOOBY account has been deleted.

Furthermore, the Supercard General Terms and Conditions, which you accepted before creating your MyFOOBY account, also apply. You agree that content and data stored in your personal account may be analysed by Coop for marketing purposes, among other reasons.

2.5 Deleting a MyFOOBY account, excluding users and discontinuing the MyFOOBY account function

You can delete your personal MyFOOBY account yourself at any time by logging on to your account and clicking on the function "Delete MyFOOBY Profile". The data stored in your account will then be deleted permanently. This does not mean that you will leave the Supercard programme. However, if you leave the Supercard programme, your MyFOOBY account will be cancelled at the same time.

Coop is entitled to reject your registration without explanation and to exclude registered participants temporarily or permanently without prior notice, especially in cases where they have violated these Terms or any legal provisions. If a user is excluded, Coop has the right to delete all of that user's content permanently and without prior notice. Coop also retains the right to discontinue the MyFOOBY account function at any time.

3. Newsletter

Our regular e-mail newsletter keeps you up-to-date on attractive offers and exciting information from the food world. You will only receive the newsletter if you have expressly agreed to it. To avoid any misuse, we will send an e-mail containing a confirmation link to your specified e-mail address. The registration process is only complete once you have clicked on the confirmation link. To unsubscribe, you can simply click on the link at the bottom of the newsletter at any time.

You accept that your personal data from the newsletter can be collated with your other data stored at Coop. Your personal data may also be disclosed to third parties which process data on behalf of Coop as vicarious agents or to provide certain services. This may involve transferring the data abroad. We will ensure that your data are only transferred to countries which have equivalent data protection regulations to Switzerland.

4. Granting permission to use data with the FOOBY hashtag

By adding the FOOBY hashtag to photographs or content (user-generated content, UGC) which you have posted in a digital or social media channel (including Twitter, Facebook, Pinterest and Instagram), you are informing Coop that this content may be shown in Coop's digital channels and/or on Coop's social media page.

Before sharing UGC, we ask for your permission to use the content and your personal data. If you grant Coop permission, you are giving Coop the right to save the content (text, images and similar content which are protected by intellectual property rights) free of charge for an unlimited time, to an unlimited extent and in any location. In addition, you are granting Coop the right to provide the content free of charge within the context of Coop offers or on social networks (Facebook, Pinterest, Instagram and others), to edit it, save it and print it out, offer it and use it in online, printed and other media. Coop shall retain these rights for an unlimited time period, even after an account has been cancelled or use of the content has been terminated elsewhere.

5. Rights relating to content provided by Coop

Content provided by Coop in the digital channels (photographs, videos, images, designs, logos, titles, brands, etc.) is either the property of Coop or is used with the permission of third parties. You are not permitted to copy, publicly disclose, alter or otherwise use or exploit it without permission from Coop. Participants may save or print out such content for non-commercial and personal use only.

6. Liability

Coop cannot guarantee the topicality, accuracy, completeness or quality of the information provided. Coop can also not be held responsible for the information fulfilling the desired purpose of the participants. Users use this website, browse on this website and download documents and files from this website at their own risk.

Coop cannot be held liable for any technical issues, server downtime, loss of data, transfer errors, data insecurity or other reasons and their consequential damages. Furthermore, Coop accepts no responsibility whatsoever and cannot be held liable for any viruses or other damage to participants' computer systems or other property that may result from accessing or using the digital channels, browsing or downloading materials, data, text, images, video or audio material.

Liability claims against Coop relating to material or non-material damages arising from the use or non-use of information provided, from the use of incorrect and incomplete information or from downloading data are excluded. If the damages which occurred through use of the website and digital channels or by downloading data were the result of intent or culpable negligence, the exclusion of liability does not apply.

7. Availability

Users do not have the right to demand the provision of the services offered in the digital channels. Coop retains the right to change or discontinue the offering in the digital channels at any time. No damages or claims can arise against Coop as a result.

Coop will do its utmost to ensure that the digital channels run smoothly, but is not responsible for their uninterrupted availability or accessibility and the content provided in them.

8. Concluding provisions

Coop retains the right to revise the Terms of Use from time to time. Coop will inform you of any major changes. By continuing to access and utilize our services after any such changes take effect, you are agreeing to be legally bound by the revised Terms of Use.

Should any provision in these Terms of Use be declared invalid or unenforceable, the provision concerned will be amended as slightly as possible or removed, while the remaining provisions continue to apply in full.

The legal relationship between the users and Coop is subject to Swiss law only. The provisions of Switzerland's Federal Code on Private International Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

 

The sole place of jurisdiction for all disputes between users and Coop is Basel-Stadt.  

 

Valid as of 1 February 2017

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