Terms & Conditions

These general terms and conditions regulate the contractual relationship between Scratch (cmtravels.ch) and its customers, both against payment and free of charge.

Please note that for contractual relationships established via third-party providers such as Apple or Google, different regulations may apply in some cases. The use of this service for commercial purposes is not permitted.

• Authorised persons

The following persons are not allowed to use the service offered by Scratch:

• Persons who have not yet reached the age of 18 or are unable to conclude a binding contract.
• Persons who are prohibited from using the Service by the United States or any other applicable jurisdiction, Swiss law is also applicable.

• Acceptance of the contract

By creating a profile on Scratch, whether using a mobile device, mobile application, or computer, and by using and purchasing any additional features, products, or services that we offer as part of the Scratch service, you agree to be bound by these Terms and Conditions, our Privacy Policy, and our Community Guidelines. These guidelines are therefore an integral part of these Terms and Conditions. Scratch is entitled to access, store, and disclose the contents of the customer profiles to the extent necessary for the performance of the service.

Scratch may make changes to this Agreement and the Service from time to time. These for example reflect changes in the law or changes in legal requirements, new features, or changes in business practices. The current version of this Agreement will be made available within the Service in the Settings. You should check the current version regularly. The current version is always the version that is in effect. If you continue to use the Service after the changes take effect, you agree to be bound by the revised Agreement.

• Object of the contract

Scratch offers its customers access to an online database during the term of the contract, which enables them to get to know each other. Scratch is a social network that offers its customers the possibility to present themselves and their pets with their own content and to interact with other customers.

In order to use Scratch, the customer must create a profile. Personal data is collected for this purpose. Customers can revoke the consent given and object to the processing of their data. If this leads to the continuation of the contractual relationship being unreasonable, taking into account the scope of the still permissible data processing and weighing up the interests of both parties, Scratch can terminate the customer’s subscription without observing a period of notice. If chargeable services become impossible due to the exercise of data protection rights, any payment claims of Scratch remain unaffected. Refunds are excluded. For more information about the information we collect from you and how we use it, please see our Privacy Policy.

Scratch offers its service worldwide. The customer’s profile created on Scratch is visible in all countries, regardless of the country in which the customer has registered.

The customer has the possibility to test the service free of charge for one week since the profile was created. After that Scratch offers different services with costs. The customer will be informed again about the content of the respective chargeable service, the prices, and the terms of payment before concluding a chargeable contract and must confirm the purchase. If the payment method selected in the order process is not verified by the respective payment service provider, no order is concluded.

• Payment methods

If you choose to make an in-app purchase, you will be asked to confirm your purchase with the applicable payment provider and your payment method (your card or third-party accounts such as Google Play Store or App Store) (your “Payment Method”) will be applied to the in-app purchase at the prices displayed for the services you have selected, plus any VAT or similar taxes that may be applied to your payments, and you authorize Scratch or the third-party provider, as applicable, to charge the applicable fee.

Scratch also enables its customers to make use of paid services via the Apple and Google Play payment platforms. The contractual relationship is established by Scratch’s e-mail confirmation to the customer.

The third-party providers have prescribed rules for the conclusion of the contract, the payment as well as the termination of the contractual relationship, which the customer accepts via the terms of use of the third-party provider and over which Scratch has no influence.

If the Customer decides to conclude a contract with Scratch via the Third Party Provider, it is the Customer’s obligation to comply with the rules on the conclusion, payment, and termination of contracts set out in the Third Party Provider’s Terms of Use. In the event of any conflict between the rules of the Third Party Provider and these General Terms and Conditions of Scratch, the rules of the Third Party Provider shall prevail. In particular, the Customer will be asked by the Third Party Provider to confirm its purchase to it.

The payment method is then the one that the Customer has agreed with the Third Party Provider (e.g. the Customer pays Apple via the payment method stored in his Apple ID). If the customer wishes to change or terminate an in-app purchased membership, it is necessary to do so via their account with the third-party provider, log in there and follow the instructions of the third-party provider, for the termination or cancellation. Any refunds will be made either between the Third Party Provider and the Customer or between the Customer and Scratch, depending on the Third Party Provider’s rules.

• Free and chargeable services

Registration is free of charge. After registration, the customer can use Scratch for one week free of charge with limited restrictions. After this period, the customer will automatically be offered subscription variants that are subject to a charge. If the customer does not decide on any of the variants, he will remain on the Free Basic Plan with certain limits of use of Scratch.

Scratch reserves the right to limit the offer of virtual goods spatially, temporally, and/or personally.

• Cancellation and renewal of subscriptions

The customer can cancel his subscription at any time without notice. The subscription costs are owed in full even if a subscription is canceled during a commenced week/month. No costs will be refunded.

Scratch may terminate a subscription without notice and delete the customer’s profile if they consider that you have breached this agreement. You will not be entitled to any refund.

Scratch may terminate a subscription and delete the customer’s profile at any time without cause and without notice to the end of a subscription period. Extraordinary termination is governed by statutory provisions.

• Security notices

We use industry-leading automated and manual moderation and review tools, systems and processes to prevent, track and remove inappropriate behaviour on our app. We have a zero-tolerance policy with respect to harassment, external linking, utilization of bots and web crawlers, requesting login credentials, and similar breaches.

• Liability

Scratch cannot be held responsible for any misrepresentation made by customers when creating a profile or using the Service. Scratch accepts no liability for the accuracy of the content of the Clients’ profiles. Scratch merely provides IT services for the automated mediation of contacts. Scratch does not owe any success in the mediation of contacts.

Scratch cannot be held responsible for the behaviour of other clients. Scratch does not screen customers. Scratch cannot give any assurances or guarantees about the behaviour of the clients.

Furthermore, Scratch accepts no liability for any misuse of information. It is possible that customers may use Scratch in an unauthorised or unlawful manner despite being prohibited from doing so. Scratch shall not be liable for any such unauthorised or illegal use. Scratch is also not liable for misuse of data and information which the customers themselves have made accessible to third parties.

Scratch cannot guarantee the proper operation or the uninterrupted usability or accessibility of the service at all times. In particular, Scratch is not liable for disruptions in the quality of access to the Service due to force majeure or events beyond Scratch’s control. Furthermore, Scratch is not liable for the unauthorised acquisition of knowledge of personal data of customers by third parties (e.g. through unauthorised access to the database by “hackers”).

The customer can report violations at any time via our [email protected].

• Obligations of the customer

The Customer is obliged to pay the due payments to Scratch or the third-party providers in due time. In case of late payment, Scratch is entitled to block access to the platform until all due payments are settled.

The customer is solely responsible for the content of his registration and thus for the information he provides about himself. The customer assures that the data provided is true and describes him personally. False statements made intentionally and/or fraudulently or the impersonation of another or fictitious identity may also result in a civil action. If you think someone has gained access to your account, please contact us immediately via our email [email protected].

The customer further assures that he/she uses Scratch exclusively for private purposes, has no business intentions, and does not use the data of other members entrusted to him/her for commercial or advertising purposes.

The Customer undertakes to indemnify Scratch against any action, damage, loss, or claim which may arise as a result of his registration and/or participation in this service. This applies in particular to damages due to defamation, insult, violation of personal rights, due to the failure of services for other customers, a violation of these terms and conditions, due to the violation of intellectual property or other rights.

The customer is obliged to treat messages received on Scratch confidentially and not to make them accessible to third parties without the consent of their author or without good cause. The same applies to names, telephone numbers, residential addresses, e-mail addresses, and other personal data of other customers.

Furthermore, each client undertakes to observe the Community Guidelines and not to misuse the service:

Non-observance of the obligations by the customer may lead to the following sanctions:

• Request for a statement in the event of suspected breaches of contract/law.
• Blocking of use until facts are clarified, warning of a customer
• Restriction in the use of applications, partial deletion of content.
• Failure to comply with the customer’s behavioral obligations may also result in immediate termination of the subscription as well as civil and criminal consequences for the customer himself/herself.
• The blocking of an account does not change the customer’s obligation to pay for a subscription period that has already begun.

Scratch may access, store, and disclose your account information and content if required to do so by law or in good faith if there is a legitimate interest to do so, for example:

• Comply with the legal process
• Enforce the contract
• Respond to claims that any content infringes the rights of third parties
• Protect the rights, property, or personal safety of the Company or any other person.
• Rights of use and copyrights

The use of any copyrighted material, images, trademarks, trade names, service marks or other intellectual property, content, or proprietary information accessible through the Service is prohibited. Addressing Privacy, Intellectual Property, Copyrights, Spam, Bullying, Harassment, and Defamation.

• Jurisdiction and Applicable Law

The laws of the Swiss Confederation shall apply to the exclusion of Swiss conflict of laws provisions. This choice of law shall not affect any mandatory legal provisions more favorable to the consumer at the place of residence or habitual abode of the consumer. The place of jurisdiction is always at the registered office of the supplier in Switzerland.

Your Rights and Choices for Pet Lovers

We believe in putting you in control of your information, and we want to remind all the fellow pet enthusiasts visiting Scratch by CM Travels about the options and tools available to you:

Access/Update Tools: We provide you with convenient tools and account settings within our platform. These tools empower you to access, correct, or delete the information linked to your account directly. If you need any assistance with these features, please don’t hesitate to reach out to our dedicated customer support team.

Pet-Friendly Profile: You can create and maintain a pet-friendly profile within our service. Share information about your furry friends, update their details, and even add adorable pet photos to your account. Your pet’s profile is just as important as yours!

Pet Preferences: We understand that mobile platforms may ask for specific permissions related to pet data and notifications, such as pet photos, location services for pet-friendly places, and pet event notifications. You have the power to adjust your device settings to consent or withdraw consent for collecting, processing, or displaying such pet-related information or notifications. Keep in mind that changing these settings may impact certain pet-related services.

Uninstall: If you ever wish to halt the collection of pet-related information or simply take a break from our pet-loving community, you can uninstall our app through the standard uninstall process on your device. Remember, uninstalling the app won’t affect your pet’s profile. To close your pet’s profile, please use the relevant functionality provided by our service.

Pet Account Closure: Should you decide to bid farewell to your pet’s profile, you can easily do so by utilizing the designated account closure feature within the service. We’re here to make the process as smooth as possible for you and your furry companions.

Pet Privacy Rights: Your pet’s privacy is important to us, and it may be subject to varying regulations depending on your location. You, as a responsible pet owner, may have certain rights, including:

Access/Know: You have the right to request a copy of the information we hold about your pets. In certain cases, you can receive this information in a portable format. To request access to your pet’s data, you can do so directly within the service by submitting a request.

Delete/Erase: If you ever feel the need to remove your pet’s information from our database, you have the right to request the deletion of your pet’s personal data held by us. Exercise this right by submitting a request through our platform.

Correct/Rectify/Update: It’s essential that your pet’s profile information is accurate. You can easily correct or update most of the information by editing your pet’s profile directly within the service. If you notice any inaccuracies, don’t hesitate to reach out to us for assistance.

Pet-Friendly Options: You may also have the right to object to or request the restriction of certain pet-related processing activities. To exercise this right, please contact us, and we’ll ensure your pet’s preferences are respected.

For your peace of mind and to safeguard all our pet-loving users, we may request proof of identity before fulfilling any of the above requests. Please note that we reserve the right to reject requests if they cannot be verified, are invalid or unlawful, or if they infringe upon privacy rights, intellectual property rights, or the rights of others, including your pet’s privacy. If you wish to receive information about another user’s pets, such as adorable pet photos or pet-friendly recommendations, that user must submit a separate request to us, and we may request proof of identity from them as well. Additionally, certain requests to object to or restrict the processing of pet-related information may not be accommodated if they interfere with our ability to provide the best pet-loving service, especially when it comes to ensuring age-appropriate content for users under 18 years old. Your pet’s safety and enjoyment are our top priorities!

User-Generated Content- Terms and condition for Scratch by CM Travels

Welcome to Scratch by CM Travels, a vibrant community of pet lovers! These user-generated terms and conditions (“Terms”) outline the rules and guidelines for using our platform. By using our website and services, you agree to abide by these Terms. Please read them carefully.

1. User Responsibilities:

1.1. Respect: Show respect for all users and their pets. Discriminatory, offensive, or harmful behavior is strictly prohibited.

1.2. Accuracy: Ensure that all information provided about your pets, including their profiles and images, is accurate and up-to-date.

1.3. Safety: Maintain the safety and well-being of your pets. Do not engage in any activities that could harm animals or other users.

2. Content Submission:

2.1. Ownership: You retain ownership of the content you post, including pet photos and profile information. However, by uploading content to our platform, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content.

2.2. Moderation: We reserve the right to moderate all content. Content that violates these Terms may be removed without notice.

2.3. Copyright: Do not upload content that infringes upon the intellectual property rights of others. Respect copyright and trademark laws.

3. Privacy:

3.1. Data Collection: We collect and use personal data in accordance with our Privacy Policy. By using our services, you consent to our data practices.

3.2. Profile Privacy: You can control the privacy settings of your pet’s profile. However, certain information may be visible to all users, as indicated in your profile settings.

4. Community Standards:

4.1. No Spam: Do not engage in spamming or any form of unauthorized advertising.

4.2. No Harassment: Do not harass, threaten, or intimidate other users.

4.3. No Impersonation: Do not impersonate other users or misrepresent your identity.

5. Termination:

5.1. Account Closure: You can close your account at any time. We may also terminate or suspend your account if you violate these Terms or engage in harmful conduct.

6. Disclaimers:

6.1. Accuracy: We do not guarantee the accuracy or completeness of user-generated content. You use the information provided by other users at your own risk.

6.2. Liability: We are not liable for any damages or losses resulting from your use of our platform or the actions of other users.

7. Changes to Terms:

7.1. We may update these Terms from time to time. Check back periodically to stay informed about any changes.

8. Contact Us:

8.1. If you have questions or concerns about these Terms, please contact us at [Contact Information].

Thank you for being a part of our pet-loving community! We look forward to sharing many happy moments with you and your furry companions on Scratch by CM Travels.