1. Scope and Application of General Terms and Conditions
THE ONE Coaching and Matchmaking (“THE ONE”) is a trademark of MTS Talent Services GmbH, currently domiciled in Wetzikon, Switzerland. THE ONE offers its services in connection with
a. Matchmaking services that include recommendation of potential partners for a long-term committed relationship (“Matchmaking”) during a limited period of time.
b. Coordination of dates, events and reservations through our event planning and concierge services („Concierge“).
c. Various consulting services, which may include but are not limited to image consulting, mock dates, date preparation, extensive date feedback sessions and Dating and Relationship Coaching (“Consulting” or “Coaching”).
These general terms and conditions (“General Conditions”) govern all services provided by THE ONE. They form part of any matchmaking or coaching contract and automatically come into force upon entering into such contract. They remain in force during the full duration of the matchmaking or coaching membership, and they may only be supplemented or amended by means of an express written agreement between THE ONE and THE ONE’s client (“Client”).
Services refer to (i) all instructions given to and accepted by THE ONE regarding (ii) the presentation of potential partners by THE ONE to the Client through Matchmaking services, Matchmaking brokerage services and (ii) any Concierge and Consulting services expressly requested by the Client and (iii) Coaching services for the Client.
THE ONE and the Client (“Parties”) will agree on the specific conditions of the matchmaking or coaching assignment by individual written agreement (“Membership Agreement”) of which these General Terms form an integral part. In the event of conflicting provisions, the terms and conditions agreed upon in the Membership Agreement shall prevail.
It is understood between the Parties that the present General Conditions do not give the Client any exclusive rights, and that THE ONE is, at all times, free to provide its services to any other client(s).
Your use of our services is solely at your own risk and we do not accept any liability for loss, damage, claim or expense, whether direct or indirect and however caused, arising out of your membership and/or your use of our services or based upon the reliance of information provided by us. All warranties in respect to our services and/or information, whether expressed or implied are excluded.
All relations with THE ONE are strictly confidential. The Client must treat all information obtained both during and after the end of the contractual relationship which was required for the execution of the services and which relates to THE ONE, its staff and/or members, as confidential and must not pass it on to any unauthorised third parties unless required by Swiss law. In particular, the Client is obliged to treat personal data of members in compliance with Swiss data protection law and European GDPR. You must not discuss or show any personal details of other members that have been supplied to you, to any other members or non-members at any time during or after your membership.
As our contractual agreement is with you, we will not discuss your membership details with others without your expressed and written permission. You agree not to disclose any details related to your membership experience, the identity or personal information of other paying or non-paying members introduced to you, or partnership matchmaking agencies utilized for your particular search to anyone, including the media and will not share it anywhere online or on any website, blog, social media site or publically accessible channel, without the explicit permission of THE ONE and of the other party(s) concerned.
THE ONE imposes written obligations of confidentiality to all members (paying and non-paying) and will exercise its right to terminate membership agreements for any breach in confidentiality however THE ONE is not bound to take legal action in order to enforce these obligations. Should you decide to pursue legal action independent of THE ONE, you are requested to inform THE ONE of the details relating to the breach immediately.
Should you choose to attend any THE ONE coordinated event, or event in collaboration with THE ONE, you agree that we and our successors have non-exclusive, royalty free and perpetual license to use, distribute, display and reproduce any photographs and images created from such events. Should you wish to withdraw this right, please provide instructions in writing. A template for the withdrawal of photography rights can be found on our website.
2.1 Pricing Policy
While THE ONE does offer standardised membership packages, these are individually designed and tailored to fit each individual Client’s unique personal needs and circumstances. Individual costs and deliverables are set out by individual agreement in your “Membership Agreement”. Additional services such as concierge services are charged on an hourly basis, and specific consulting services are priced on an individual basis.
3.1 Services provided by THE ONE
Together with the Client, THE ONE determines the relevant needs of the Client and develops on this basis a coaching plan and time schedule together with the Client.
You recognise that coaching is not professional medical health care or medical care and that the use of coaching services are not intended to be a substitute for medical or mental health treatment. THE ONE does not provide medical health care, psychotherapy or counselling nor do we attempt to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental, emotional issue, disease or condition.
You agree that you will not disregard or discontinue any professional medical advice or delay seeking medical advice or treatment as a result of information, teaching, education, advice or suggestions provided by THE ONE.
You understand and agree to take full liability and to accept full responsibility for your well-being during the coaching process and for any outcomes, consequences and repercussions resulting from choices and decisions made as a result of the coaching process.
3.2 Coaching Methods
You acknowledge that the coaching sessions may be personally, emotionally and physically challenging and that there may be occasions when you feel strong emotions such as sadness, frustration, annoyance and stress as a result of topics discussed. You agree to make all efforts and adjustments to your schedule to ensure you are at your peak physical, mental and emotional state and condition necessary for the conduct of the Session and if necessary will take the steps required to cancel or reschedule a Session in the event that you are not well enough to actively participate.
You will not hold THE ONE or any of it’s Coaches liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or any other ailment or condition) caused either directly or indirectly in relation to the Coaching Session. You shall indemnify THE ONE and it’s Coaches in the event of any such claim.
3.3 Delivery of Sessions
Sessions may be carried out over the phone, video conferencing (Zoom, Skype, Whatsapp or similar) or in person at a mutually agreed place and time during the duration of the agreement.
3.4 Duration of Sessions
Sessions typically take place on a weekly basis and last 50-60 minutes be that through private 1-1 coaching or in a group coaching setting. You must be on time for your session, whether these take place in person, on video conference or over the phone. Failure to be on time for a session will result in a shortened session duration or cancellation.
In order to reschedule a session at no cost, you must give a minimum of 24 hours notice. Sessions cancelled less that 24 hours in advance will be charged at 100% of the cost. If you cancel more than three sessions during the period of the agreement, THE ONE reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination.
If THE ONE is required to cancel a Session, then the Session will be rescheduled at a mutually agreeable time.
3.5 Engagement of Coach
THE ONE agrees to provide Coaching to you during the duration of the agreement at the mutually agreed times and places. The Coaches of THE ONE will use their best endeavours to remain available during the duration of the Coaching Agreement. It may however be at the discretion of the primary Coach to refer you to another Coach within THE ONE or a certified Psychologist or Therapist either within THE ONE or externally as deemed necessary. You will of course be given the opportunity to meet and agree with the alternative Coach or Therapist should the situation arise.
3.6 Coach Training and Certification
THE ONE warrants that all Coaches have obtained dedicated Coaching Certification either as a Science Based Dating and Relationship Coach through the Matchmaking Institute, as a Strategic Intervention Coach, or through an ICF Qualified and accredited institution. For details on qualifications and experience please speak to your individual Coach directly.
3.7 No Warranties
Coaching is an individualized process requiring engagement, dedication and commitment from the individual Client. THE ONE therefore makes no representation or warranty to you that any of the Coaching methods and techniques will work for your particular circumstances. You will therefore not hold THE ONE responsible for failure (in whole or part) to achieve any of your goals. THE ONE will not be held responsible for any errors or omissions, and does not accept liability whatsoever for any loss or damage you may incur.
3.8 Intellectual Property Rights
You have no right to use, reproduce or distribute any of the presentations, processes, techniques, tools, methodologies, precedents and materials used by THE ONE and it’s Coaches during the Coaching Sessions (“Materials”). You must not at any time use or reproduce any Materials in any manner, shape or form, without the explicit and written consent of THE ONE. The exception is your own personal use as required to carry out the Coaching process.
4.1 Conduct Requirements
As a Client of THE ONE, you accept that we cannot be responsible for your interactions with others or for the conduct and interactions of those members we introduce to you.
You agree to take very seriously your conduct while working with THE ONE and not to undertake any of the following, and understand that should you break one of these codes of conduct, we may be required to take action which is including but not limited to the termination of your membership at our sole discretion without refund.
i) Harass or cause a nuisance, inconvenience, distress, fear, anxiety or physical harm to any person we introduce you to or an employee or agent of THE ONE
ii) Act in an abusive, rude, threatening, obscene, harassing, offensive, sexist, discriminatory or racist manner towards any member we introduce you to or a member of the THE ONE staff or it’s agents
iii) Violate the private rights of any THE ONE member, an employee or agent of the company, including but not limited to forwarding, distributing and displaying e-mails, social media communication, recorded video chats, Whatsapp messages, photos, personal data or profiles. You must not make any disparaging statements, either verbally or in writing, about THE ONE or any member to any third party.
iv) Promote or appear to be promoting your own products or services to any member or employee of THE ONE or agents of the company
v) Impersonate another person, provide us with false identification or records in an attempt to mislead any member of the THE ONE staff
vi) Provide us with any photograph or materials to which a third party is the owner of the rights to that material, and of which you have not received and provided to us their written permission for the use of such photographs or material
vii) Do anything which restricts or inhibits anyone else’s use or enjoyment of the THE ONE services or do anything, which prejudices or damages the reputation (deliberately or recklessly) of the company or any subsidiary of the company, or member introduced to you.
4.2 Code of Ethics
THE ONE warrants that all Matchmakers have gone through mandatory Matchmaking Certification and adhear to the strict code of ethics as set out by the Matchmaking Institute, 89 5th Avenue, suite 602, New York, NY 10003, United States of America.
4.3 Matchmaking Membership
Matchmaking Membership with THE ONE is conditional upon being at least 21 years of age, single, looking for a committed, long-term relationship, being free of criminal convictions and not living at the same address as a current or past partner. All information provided by you must be truthful and honest, including but not limited to information related to your current life situation and personal circumstances. Lastly you must not be associated with any other introduction agency, either personally or professionally as an employee. You must immediately inform THE ONE if you are employed by another introduction or Matchmaking agency.
While THE ONE does make every effort to vet and verify the identity and information provided by it’s members, we accept personal information in good faith. We realize that information may only be accurate at the time requested. We respect the Member’s privacy and do not conduct any intrusive background checks or operate outside the limitations of data protection laws. For this reason, we strongly advise all Clients to verify the personal claims and identity of members independently of THE ONE. We can therefore make no representation or accept any liability for the validity of information provided to us by our members, including but not limited to their marital status, criminal status, mental state or financial status.
As we are unable to carry out detailed criminal and financial background checks, you should always take sensible precautions when interacting and meeting with someone. If so requested, THE ONE will provide a recommendation and/or quotation for private investigator or background check services for an additional cost.
4.4 Matchmaking Process
Your matchmaking membership will commence when we have obtained all the necessary documentation and payment from you.
Relationship coaching, dating preparation, mock dates, may be included as part of your Membership Agreement. In such cases, it is your responsibility to request these associated services be organized at a convenient time and location during your membership service.
Throughout the matchmaking process, we will send you introductions on a consecutive basis, one at a time. The total number of introductions you will receive will depend on your individualised Membership Agreement. The number of recommendations we can offer you is dependent upon your own characteristics and upon how narrow or otherwise your partner preferences are. You accept that having a large number of partner requirements, and more restrictive partner preferences, will limit the number of introductions we can offer you and we cannot accept any responsibility for the outcomes of the introductions.
We guarantee to provide you with at least the number of introductions as specified in your Membership Agreement, if so specified, and if so required in your search for a partner. You are not obligated to accept the full number of introductions as specified in your Membership Agreement should you enter into a relationship and wish to terminate your Agreement early. This guarantee is subject to there being no significant changes in your circumstances or partner preferences that is likely to make the matchmaking significantly more difficult or unlikely.
We reserve the right and absolute discretion to recommend members to you who we consider would be acceptable to you, notwithstanding that we recognise that prospective partners will only ever meet your specific partner preferences to a degree. It has been proven that many successful relationships develop between individuals meeting 70-80% of the defined criteria for a potential partner.
If you enter into a relationship during the course of your Membership, you may have the right to put your Membership on hold as outlined in 4.10 of this agreement as well as detailed in your Membership Agreement. As a courtesy to all members, we will not offer you a further introduction as long as both parties agree to continue dating. It is your responsibility to inform us when you are again free to receive another recommendation.
For clarification, periods of < 30 days do not constitute a membership hold.
4.5 Matchmaking Advertising and/or Headhunting
Should your Matchmaking require advertising, you agree that we are entitled to share/disseminate agreed information about you solely for the purposes of advertising for prospective partners for you. You will have the opportunity to approve any advertising materials prior to distribution.
4.6 Matchmaking Brokerage
In addition to personalised one-on-one Matchmaking, THE ONE operates a matchmaking brokerage service. Introductions may therefore be obtained through our network of professionally qualified matchmaking agencies located throughout Switzerland and around the globe. You agree that we can share your approved profile and relevant personal information with other dating and matchmaking agencies as needed on a strictly confidential basis. All potential introductions received by our network of partners will still go through the same rigorous and detailed interviewing and background checking process THE ONE is recognised for.
In the case that THE ONE believes you would be better served directly by one of our partner agencies, we would remain your primary point of contact and will support the process of working with the other agency.
In such instances where you have expressly indicated a partner characteristic, which you deem to be unacceptable, a so-called “deal-breaker”, and THE ONE was aware of this characteristic but has not disclosed this deal-breaker to you prior to a date, should you discover this deal-break and inform us during the feedback call after the date, the introduction will not count towards your total number of introductions.
If however THE ONE was not aware of the deal-breaker exhibited by the member, or the deal-breaker was disclosed, and you expressly agreed to go on the date despite this characteristic, you wave the right to reject the introduction and have it count towards your agreed number of introductions.
4.8 Termination of Contracts
Your contract with THE ONE will commence on the date payment in full is received.
Coaching and Matchmaking Agreements may be terminated by either Party at any time with immediate effect, subject to Art. 404(2) of the Swiss Code of Obligations. In accordance with the following payment schedule, you may be entitled to a partial refund of your Coaching and/or Matchmaking membership fee. Any fees for services already delivered up to the date of termination will be deducted from any refund.
No Match Policy: If THE ONE Matchmaking is unable to find any matches that are within your basic match criteria within a period of six (6) months following the commencement of your membership, you may request for a termination of the membership agreement and THE ONE Matchmaking will refund you 100% of the Priority Membership package fees. Private membership is excluded.
All cancellations must be received in writing.
Private Membership fees for THE ONE Matchmaking are non-refundable.
THE ONE reserves the right to terminate your Membership Agreement without a refund (in part or in full) in the following circumstances where:
· You have breached one of the terms and conditions
· You are employed by, or associated with another Introduction or Matchmaking agency
· You have provided false information to us
· We have received a serious complaint about you from one of our members and under the sole discretion of the CEO or Managing Director is deemed justified
· You have failed to maintain contact with us or have not responded to our attempts to contact you for a period exceeding 6 months
· Your personal circumstances and partner preferences have changed to such an extent that they significantly and adversely affect our ability to provide the agreed services to you. This would include, but is not limited to, a change in sexual orientation, the acquisition of a criminal charge or relocation to another country.
Relationship Success: For the avoidance of any doubt, you will not be entitled to a refund of your membership fee in the event that you enter into a lasting relationship before the expiry of your membership with us. Upon entering into a relationship you have the opportunity to put your membership temporarily on hold in accordance with the terms as outlined in section 4.10 and detailed in your Membership Agreement, and to reactivate your membership services within the agreed hold period.
4.9 Refund Payment
If entitled to a refund, THE ONE will reimburse you without delay, and no later than 14 days after receipt of your decision to cancel the contract. We will make the refund using the same means of payment used for the initial transaction unless you have expressly agreed otherwise. All charges and fees incurred for the reimbursement will be borne by the Client unless THE ONE terminated the Agreement for reasons not listed above.
4.10 Membership Hold
Under specific circumstances you have the right to temporarily put your Membership on hold. It is at the company’s sole discretion to place your membership on hold for a maximum of 12 months from the date of notification under the following circumstances:
· You have experienced the onset or exacerbation of a serious medical condition
· You have suffered a serious injury
· You have experienced the death of a loved one living in the same home as you
Under the circumstances that you enter into a relationship prior to the expiration of your Membership Agreement, you may place your membership on hold based on the specific terms as detailed in your Membership agreement. Hold periods are for a minimum of 1 month, and a maximum of 12 months in duration. It is your responsibility to inform us should you wish to reactivate your membership services.
If there is a situation that THE ONE needs to investigate some aspect of your membership, i.e. a complaint from an employee or member, your service may also need to temporarily be suspended. If you are charged with a criminal offence your membership will be suspended, awaiting outcome of any potential prosecution.
5.1 Business hours
In general our office hours are Monday to Friday from 09:00 to 17:00 CET. Client questions will be answered and support will be provided during office hours and only in exceptional cases outside these hours. THE ONE reserves the right to terminate the Membership Agreement on notice to you in accordance with the provisions of termination should you fail to respect the working hours such as through excessive texting and repeated telephone calls on evenings and weekends.
If you have any questions or complaints about our services, please contact us directly. You can do so by calling us during regular business hours Monday to Friday on +41 41 377 5377, or in writing to firstname.lastname@example.org or email@example.com.
5.3 Conflict of Interest
THE ONE represents that it has advised the Client in writing prior to the date of signing this contract of any relationship of THE ONE or it’s employees which would present a conflict of interest with the services rendered, or which would prevent THE ONE from carrying out the terms of this contract or which would present a significant opportunity for the disclosure of confidential or personal information. THE ONE will advise the Client of any such relationships that arise during the term of this contract. The Client will then have the option to terminate this contract forthwith without further liability to THE ONE, except to pay for services actually rendered by the point of time of such notice.
5.4 Exclusion of THE ONE’s Liability
The Parties agree that THE ONE shall not be liable for any damage sustained by the Client deriving from any of the company’s employees or agent’s acts and/or omissions damaging the Client, including but not limited to any of the Client’s immovable or movable property, such as fixtures, material or machines. (Art. 55 and 101 of the Swiss Code of Obligations).
5.5 Exclusion of Warranties and/or Guarantees
Your success and results achieved either through the matchmaking and/or coaching process depend primarily on your own effort, motivation, commitment and follow-through as well as specific interpersonal connections between yourself and those introduced to you. THE ONE cannot predict and does not guarantee any specific outcome or result which you can expect from using the Coaching and/or Matchmaking services of THE ONE.
While THE ONE will guarantee the delivery of a specific number of introductions as outlined in your membership agreement, there is no guarantee that one of these introductions will result in a long term committed relationship.
5.6 Reimbursement of Expenses
Any extraordinary expenses incurred by THE ONE in connection with its services provided to the Client will be reimbursed by the Client on presentation of the relevant receipts. This includes but is not limited to any costs invoiced by third parties, such as additional background checks, third party Coaches or Therapists, and third party Consultancy Services, Concierge services, event tickets or pre-paid date expenses, and extensive travel to the Client or member(s) as requested by the Client.
All travel costs, out-of-pocket expenses and other expenses incurred by THE ONE employees in connection with Coaching and Matchmaking Agreements and paid by THE ONE, shall be reimbursed to THE ONE at cost plus a 5% administrative fee, plus applicable VAT, upon presentation of the original receipts to the Client.
5.7 Payment Term and VAT
The price payable for services provided by THE ONE will be outlined in your Membership Agreement. Services will commence upon receipt of payment. We accept no liability for services, which are delayed as a result of your payment not being received, or being only partially received.
All services provided by THE ONE are subject to the Swiss Federal Act on Value Added Tax (SR 641.20). Therefore, the applicable rate of VAT will be added to all amounts invoiced by THE ONE, excluding invoices to clients located outside of Switzerland, and the Client shall be obliged to pay in addition to all invoiced amounts the relevant VAT.
All invoices are payable in full upon receipt, without any deductions to be made. If THE ONE does not obtain full payment for the services from you, we reserve the right to refuse the delivery of services and/or suspend services until payment is made. This does not affect any other rights of THE ONE.
5.8 Applicable Law and Jurisdiction
This agreement shall be governed by, and construed in accordance with the substantive laws of Switzerland.
Any disputes arising out of, or in connection with, this agreement shall be submitted to the jurisdiction at the domicile of The One Coaching and Matchmaking, a trademark of MTS Talent Services GmbH.
Last update: Wetzikon, 22 February 2023.
Please refer to the most recent version of the General Terms and Conditions supplied with your Membership Agreement. In case of discrepancy, the Terms provided and signed with your contract will prevail.
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