Globe Chaser

General Terms and Conditions

 

§ 1 Scope, Definitions

(1) For the business relationship between the provider “The Smartest Pioneers Ltd. & Co. KG” (hereinafter referred to as „provider“) and the customer concluding the service contract (hereinafter referred to as „customer“) as well as the user of the app (hereinafter referred to as „user“) shall be subject to the following general terms and conditions in their time of use of the mobile app “Globe Chaser” (hereinafter: „app“) valid version. Divergent general terms and conditions of the customer will not be accepted, unless the provider expressly agrees to their validity in writing.

(2) The contract for the offered paid packages is concluded exclusively with entrepreneurs. The customer insures to be an entrepreneur.

(3) The customer is a consumer within the meaning of § 13 BGB, insofar as the purpose of the ordered deliveries and services can not be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.

 

§ 2 Conclusion of contract

(1) The customer can choose on the website of the provider under www.globe-chaser.com (hereinafter: “website”) one of several packages and pay for a membership. The contract is concluded when the customer has completed the payment process on the website.

Regardless of the membership package booked, the account dashboard allows you to book individual additional services (eg more participants) by completing the payment process.

(2) The contract of use between provider and user comes about when the user installs and starts the app on his device.

(3) The customer must ensure that the emails sent by the provider can be delivered. Particular attention should be paid to typographical errors in the e-mail address specified in the order and to check periodically the spam folder of the e-mail inbox regularly.

(4) The contract is concluded in German or English. The text of the contract is stored in compliance with data protection regulations.

 

§ 3 Services, download and operation of the app

(1) The provider offers the user a free software for download in the app stores. The customer has the possibility to conclude different fee-based packages, which differ in the scope of functions (eg with regard to the number of events and participants). For the exact range of functions reference is made to the website.

(2) The app offers the customer the opportunity to organize outdoor events, to manage and to allow the user the opportunity to participate.

(3) Any internet connection costs shall be borne by the customer / user according to their mobile operator conditions.

(4) The customer can log in with his login data of the fee-based membership concluded with the provider in the app as well as on the website in a desk .

(5) By using the App Store, the customer / user agrees to the terms of use of the App Store operator. The provider can not influence the terms of use.

(6) The customer / user is responsible for fulfilling the minimum requirements for the operation of the A pp. The customer is not entitled to withdraw from the membership if the app is or becomes incompatible with the device used by the customer / user.

 

§ 4 Maintenance and accessibility of the app

(1) The provider endeavors to update the app regularly. However, the customer / user has no legal claim to updates of the app.

(2) Maintenance of the systems may result in functional limitations of the app. In order to optimize and enhance the performance of the systems provided for the provision of the services, the provider will provide maintenance windows, which will generally be used outside normal business hours, if required. During these maintenance periods, the provider may take his technical equipment out of service to the minimum extent necessary and to a minimum extent. The provider may carry out the maintenance without prior notice.

 

§ 5 Self-responsibility at the events

(1) For the events that can be realized via the app, the customer is responsible for the execution and all associated costs. The customer is responsible for the management of the respective event.

(2) Customers and users are responsible for complying with the legal requirements when participating in events.

(3) As far as the customer / user transmits contents to the offerer, this assures that he possesses the necessary rights. The customer / user indemnifies the provider from any claims of third parties in this regard.

 

§ 6 Blocking / deletion of the account

(1) The provider reserves the right to suspend the account of a customer or user temporarily or permanently, if the customer or user behaves contrary to duty.

(2) In the case of deletion, there is no claim to the restoration of previous data by the provider. The deletion can not be undone.

 

§ 7 Payment methods

(1) All prices indicated on the website of the provider are exclusive of each valid legal sales tax, unless otherwise indicated. The customer can make the payment by Paypal, credit card or direct debit, unless otherwise stated on the website of the provider or a contrary agreement was made in writing. Paypal fees are borne by the provider. The privacy policy of the external payment providers is referred to. The customer can view these in the privacy policy on the website.

(2) The payment of the purchase price is due immediately upon conclusion of the contract and, depending on the chosen payment method, is due monthly or for one year in advance. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case he has to pay the provider for the year a default interest of 9  percentage points above the base rate.

(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.

(4) The customer is only entitled to offsetting against the provider if his counterclaims have been legally established, are undisputed or have been acknowledged by the provider. A right of retention may only be exercised by the customer to the extent that the counterclaim is based on the same contractual relationship.

 

§ 8 Contract period and termination

(1) The monthly membership of the customer is extended by one month. The customer can terminate with a notice period of four weeks to the end of the month.

(2) The annual membership is extended by one year. The customer can terminate with a period of 3 months to the end of the term.

(3) The right of both parties to extraordinary termination for cause remains unaffected. The provider is entitled to demand damages if the extraordinary termination by the customer is responsible.

(4) Termination requires the text form to be effective. Decisive for the time of termination is receipt by the contractual partner.

(5) The user can terminate his free use relationship at any time without observing a notice period by declaration to the provider in text form. In this case, no pro rata reimbursement of fees will be made for the customer.

 

§ 9 Digital Content Warranty, Guarantee

(1) The content provided by the provider is for informational purposes only. The information was researched to the best of our knowledge and belief. Unfortunately, the actions described in the context of the publications may in the short term lead to changes over which the provider has no influence.

(2) If the customer is an entrepreneur, defects have to be immediately reported to the provider in order to preserve claims for defects of the customer, however, the customer shall inform in writing no later than within two weeks after download. The app has to keep ready for inspection by the provider in the state in which it is located at the time the defect occured.

(3) Incompatibilities of the app to the device used by the customer / user do not constitute a material defect.

(4) An additional guarantee does not exist.

 

§ 10 Liability

(1) Claims of the customer / user for damages are excluded. This does not apply to claims for damages of the customer / user resulting from injury to life, limb, health or the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by the provider, its legal representatives or Vicarious agents are based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the customer / user resulting from an injury to life, body or health.

(3) Liability for lost profits is excluded to customers.

(4) The restrictions of para.   1 to 3 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.

(5) According to para.   1 to 3 resulting liability limitations do not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the nature of the thing. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

 

§ 11 Copyright

(1) The contents distributed by the provider are protected by copyright. The customer / user agrees to recognize and comply with the copyright.

(2) The customer / user is only entitled to use the content received for the purpose of conducting the events. It is prohibited to make the content available on the Internet, in intranets, in extranets or in any other way for the benefit of third parties. A public reproduction or other further publication, a commercial duplication and the resale of the contents is expressly excluded.

(3) For each case of infringement, a contractual penalty to be determined by the provider in its reasonable discretion and subject to review by the competent court in case of dispute shall become due for payment.

 

§ 12 Privacy

(1) The customer / user agrees with the storage of personal data in the context of the legal relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract / user relationship or a consent exists. Registration data will be stored until the termination of membership.

(2) Insofar as the customer / user transmits personal data from third parties, he assures that the consent of the third party has been obtained. The customer / user indemnifies the provider from any claims of third parties in this regard.

(3) The rights of the customer / user or the person concerned by the data processing arise in particular from the following standards of the GDPR:

  • Article 7 (3) – Right to revoke a data protection consent
  • Article 15 – Right to information of the data subject, right to confirm and provide a copy of the personal data
  • Article 16 – Right to rectification
  • Article 17 – Right to cancellation (“Right to be forgotten”)
  • Article 18 – Right to restriction of processing
  • Article 20 – Right to data portability
  • Article 21 – Right to object
  • Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
  • Article 77 – Right to complain to a supervisory authority

(4) In order to exercise the rights, the customer / user or the person concerned is requested to contact the provider by e-mail or, in the event of a complaint, to the responsible supervisory authority.

(5) Referenece is hereby made to the privacy policy on the website and the privacy policy of the app is.

 

§ 13 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution can be reached by following the Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

 

§ 14 Final provisions

(1) Regarding agreements between the parties, the law of the Federal Republic of Germany apply. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer / user as a consumer has his habitual residence, remain unaffected.

(2) Jurisdiction and place of fulfillment for all disputes arising from contractual relationships between the parties is the site of the provider, as far as the customer / user is an entrepreneur.

(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations will apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.

(4) In case of deviations between the german an english version of this terms and conditions the german version prevail.

 

As of: 23.05.2019 (c)2019 The Smartest Pioneers Ltd. & Co. KG