to use the apps, online platform and services of
service provider: takethechance OG
company register no. 425942k, court of jurisdiction: regional court Wels
Oed in Bergen 7, A-4081 Hartkirchen
Last Updated: April 18th, 2016
These terms were written in German. In the case of conflicts between any translated version of these Terms and the German version, the German version controls.
1. Scope of application
2. Contractual partner
We, the takethechance OG, with our seat in Hartkirchen and place of business at Oed in Bergen 7, 4081 Hartkirchen, Austria), are responsible for the platform. The app can be downloaded via the appropriate online store (especially iTunes or Google Play). The Terms and Conditions underlying the use of these online stores is not subject to TTC; hence we have no influence on these terms.
We provide a platform for the purpose of dating and getting to know other people. Based on the default settings of the user, the platform choses potential partners (so-called „Matches“) and proposes them to the user.
Just as in real life it is the first fleeting impression which matters. The matches get the chance to contact each other and for this purpose they can upload photos, texts, graphics, videos etc. („content“) and submit them to others users or „Matches“. Thereby we just assume the role of a technical distributor/host, which does not influence or supervise the content distributed by you. You are liable for the content. We are only liable in accordance with § 16 Abs 1 of the Austrian E-Commerce law (ECG), when we are getting aware of illegal content and do not remove or block it as soon as we obtain knowledge of such contents. If you believe that a specific content infringes rights, please inform us via email@example.com.
The use of the dating platform, which does not serve exclusively private purposes, is prohibited. Therefore it is especially forbidden that the platform and its channels are used for the following purposes:
advertising and marketing
sale of goods and services
organisation of competitions (prize games) or lotteries
Your use of the platform must comply with all applicable laws and third-party rights. Therefore you especially have to refrain from using the services
by impersonating any person or entity
in order to request money from other users
to affect the lifestyle of third parties (stalking)
to commit illegal acts
to transmit defective or damaging content
to disguise advertising measures
by using automated systems
for commercial purposes and
for medical or psychological counselling
4. App Download / property in the platform
We offer apps to you to be downloaded onto your end devices via the online stores (especially iTunes or Google Play). The conditions for downloading the app will be shown on the screen of your end device. By downloading the app, you acquire a non-exclusive, but temporally and geographically unrestricted right to save a copy of the app for your own purposes on your end device. Updates of our platform must be expressly agreed to by you; such consent may also be provided in advance. The app and the platform (including its content), in their entirety and their parts, are in property of TTC and are protected by copyright.
6. Free of Charge
The use of our platform is principally free. You not have any future legal claim deriving from the cost-free deployment of the platform today. We reserve the right to discontinue the platform at any time, introduce a service charge, limit or suspend a user without giving a reason.
7. Paid Services
If several services or features are against payment, the terms will be displayed on your end device. The billing for the utilisation fee or the purchase price is done over the designated payment options in the respective online stores. The usage fee or the purchase price is payable with immediate effect.
Principally (unless otherwise stated) the quotations represent the usage fee per year. The yearly usage charge is due for payment, so long as not otherwise agreed, respectively on the day of the conclusion of the agreement.
As far as the transaction takes place via an online store such as iTunes or Google Play, a customer receipt will be issued by iTunes or Google Play including TTC as the seller, the products purchased and the VAT. The purchase and payment process shall take place via the client‘s online store account. In this regard, the terms and conditions of the online stores apply, on which we have no influence.
Suspended access due to non-payment: We retain the right to suspend your right to the services in case of non-payment or partial payment. The obligation to pay a usage charge remains unaffected.
8. Cancellation or Rescission
You, as far as you are a consumer defined by the KSchG (Austrian Consumer Protection Act) or by the FAGG (Austrian Act on distance and off premises business), then, according to § 3 KSchG and § 4 Abs 1 Z 8 FAGG, you are legally entitled to revoke your distance or off TTC’s premises contractual declaration (after activation of your account by TTC) or to withdraw from the contract under the conditions of the following declaration of revocation.
withdrawal period: The withdrawal must be exercised within fourteen days following activation of your account.
revocation instruction: In accordance to § 3 KSchG and § 4 Abs 1 Z 8 FAGG we must inform you about the following legal right of withdrawal
R I G H T O F W I T H D R A W A L
You have the right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period is fourteen days from the day of the conclusion of the contract (user activation for the platform).
To exercise your right of withdrawal, you must inform us, the takethechance OG, Oed in Bergen 7, 4081 Hartkirchen, Austria, firstname.lastname@example.org via an unequivocal statement (e.g. by post mail, fax or e-mail) of your decision to withdraw from the contract.
You may electronically fill out either the attached model withdrawal form, which is however not mandatory, or another unequivocal statement, also on our website and submit it to us.
Should you use this possibility, then we will send you (e.g. per email) confirmation of receipt of such withdrawal. To observe the withdrawal period it suffices if your communication concerning the exercise of the right of withdrawal is sent before that period expires.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we are obliged to reimburse you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we were informed of your decision to withdraw from the contract. We shall carry out the reimbursement using the same method of payment as you used for the original transaction unless you expressly agreed otherwise; on no account will you occur any fees as a result of such reimbursement.
Unlimited duration: All the services from us and their underlying agreements are defined for an indefinite period, unless there is shown a limited duration on the screen. A contractual relationship concluded for an indefinite period can be ended by either party by giving 14 days notice.
Limited duration: Prior to the end of a limited contractual, you will be informed of the possibility of an extension. The contract period will not be automatically renewed. You do not have any valid future legal claim deriving from the cost-free deployment of the platform over a fixed contract period. We reserve the right to revoke such a free subscription at any time. After termination of the contract we are entitled to delete your account and your content immediately.
We provide all services and games in accordance with the existing technical, economic, operational and organisational possibilities. As a result we provides no guarantee in connection with any interruptions, disruptions, delays, cancellations, failed transfers or storage failures related to the platform.
We solely provide for remunerated services and products a guarantee under the regulations of §§ 922 ff ABGB (Austrian General Civil Code).
Our liability and that of our agents, employees, contractors or other agents (“people”) is basically limited by intended or gross negligence; liability for ordinary negligence is not possible. This disclaimer does not apply to personal injury and damage to property, where we have accepted to operate. If we are excluded or limited in our liability, then this also applies for the personal liability of our “people”.
The following conditions apply for a sweepstake competition organized by us:
Participation is not open to employees and agents of us and the companies. We reserve the right to disqualify participants from the draw, if unfair influence on the competition is attempted. The winners will be determined after the competition’s conclusion and will be notified by e-mail. The prize is not transferable. Cash out of the prize and any legal action is excluded; the participants bear the inherent tax burden.
14. User conduct and content
We provide you the possibility to publish your content on our platform, such as photos, text, graphics, videos, etc. ("Content"). You are responsible for your own content. In relation to this content we take the solely role as of technical propagator/host and do not take any influence and exercise control over the quality and legitimacy of your content. Our responsibility in reference to illegitimate user content only comes to action if we have acknowledged illegal content and did not take any action to remove or lock it. This responsibility falls under the regulations of § 16 Abs 1 ECG. Provided that content might seem to infringe the law or other user’s rights, please report this to email@example.com.
As regards your uploaded content, you grant us for the duration of the applicable agreement a geographically and factually unrestricted, transferable, non-exclusive right (except the content of direct communication between users!) of exploitation, utilization and editing right, in particular for the purpose of publication and dissemination on our platforms. We are not obliged to keep your content and information available. We may reject, shorten or delete the content of users at any time.
You expressly guarantee not to upload, communicate, transmit or otherwise make available any content, which you do not have a right to use or make available lawfully (especially intellectual property right or other proprietary right of others).
Further it is expressly prohibited to upload, communicate, transmit or otherwise make available any content that is racial hatred, pornographic, inhuman, insulting or behave contrary to morality.
Where a third party asserts plausibly that his rights have been infringed by content, we are entitled but not obliged to pass on the client’s stored contact details.
As far as we allow access of online services via links to content of external parties on which we have no influence on and thus we shall not be held responsible for it. We do not appropriate the content of others as our own. If these links provide illegal content, please refer and report it to firstname.lastname@example.org.
16.1. Download of Apps: Apps can be downloaded via the online stores once registration has taken place. On the terms of conditions underlying the use of these online stores is we have no influence. For billing purposes, we receive the user ID from the online store.
16.2. Registration: When using the platform for the first time, you will be asked about your personal circumstances. You will have the possibiliy to supply the data required for the communication between us, you and other users. These will be especially your full name and your e-mail-address.
16.3. Ongoing Use: Within the scope of ongoing use of the platform you can enter further data, for instance a photo, an address and other personal data etc. Furthermore we will save routinely the weblog (including IP-address, time of use) and geographical data.
16.4. Logging in via your facebook-account: When you register or log in via your existing Facebook account, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, provides us with the following data: e-mail-address, date of birth, full name, gender, photo, Facebook user name, Facebook ID, language setting, time zone, link to your Facebook page.
16.5. Agreement: You agree explicitly that we process the above-mentioned personal data for the purpose of providing the access to the contractual services and of analysing the usage behaviour.
16.6. Revocation: We explicitly state that you may revoke your data protection statement any time. For this purpose please contact us via takethechance OG, Oed in Bergen 7, A-4081 Hartkirchen, email@example.com,. The revocation renders further use of personal data inadmissible For the avoidance of misunderstandings, we would like to point out that we stay entitled to use the data as long as it is required to fulfil contractual obligations (§ 8 Abs 3 Z 4 DSG; Austrian Data Protection Act 2000).
16.7. Use of Facebook Social Plugins: The platform uses Social Plugins (below "Plugins") of the social network facebook.com, which is run by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The Plugins are characterised by the Facebook logo or the phrase „Facebook Social Plugin“. If you use the services, the platform establishes a direct connenction with the Facebook servers. The content of the Plugin will be transmitted directly to the platform, which integrates it into the website. By the integration of the Plugins, Facebook receives the information, that the user visited the platform. If you are logged in to your Facebook account, Facebook can assign the visit to your account. If you interact with the Plugins, such as pressing the „Like“-Button or making a comment, the respective information will be transmitted directly from the platform to Facebook and saved. If you want to check the purpose and the extent of the collection and the further processing and use of your data by Facebook as well as your corresponding rights and setting options, please read the data protection information of Facebook.
16.9. Google+: The platform uses the social Google service and the +1 botton, service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“). This should make it easy for you to give recommandations to friends. Certain contents, to which you give a „+1“, may show your name and your profile picture in ads. You can do the settings yourself, whether you want this or not. On the +1 Tab on your Google+ account you can see and manage all pages, to which you have given +1. The following link will provide you with further information: https://support.google.com/plus/answer/1047397?p=sign_up_about_plusones&rd=2&hl=en. Google+ uses so-called „Cookies“. We refer to our explanations above at 16.6. on this subject. By using this platform you agree that the data raised about you will be edited by Google in the manner and for the purposes set out above.
16.10. Twitter: The platform uses the Plugin „Twitter Tweet This Button“, which is provided by Twitter Inc., 795 Folsom Street, Suite 600, San Francisco, CA 94107, USA. If you are using Twitter, the websites you visited will be linked with your Twitter account and announced to third users via the feature „Re-Tweet“. The following link will provide you with further information: http://twitter.com/account/settings. By using this platform you agree that the data raised about you will be edited by Twitter in the manner and for the purposes set out above.
16.12. Crashlytics: For the takethechance mobile application, takethechance uses Crashlytics, a service that provides takethechance with information about the functioning of the takethechance mobile application, in particular with information about how and under what circumstances the mobile application crashed. Therefore, the service looks for crashes of the takethechance mobile application, analyzes the collected information and provides crash reports to takethechance. takethechance uses Crashlytics to collect such crash information to improve the takethechance mobile application. Crashlytics automatically collects certain information that does not personally identify the User who accesses or uses takethechance's mobile application. This information includes, but is not limited to, device state information, unique device identifiers, device hardware and OS information, information relating to how an application functions and the physical location of a device at the time of a crash. In addition, takethechance authorized Crashlytics to collect supplemental information that does not personally identify User who accesses or uses takethechance's mobile application. This information includes, but is not limited to, information relating to how a User uses the takethechance mobile application, crash statistics and device state/statistics (e.g. how much storage or memory is in use, device type/model, etc.). takethechance does not provide Crashlytics with any user-identifiable information, such as User's email address or User name. Further information on how Crashlytics collects and uses User data is available at try.crashlytics.com. For Non-Lawyers: We use Google Analytics, Localytics and Crashlytics to get an insight into the way takethechance is used, to track any technical bugs, and to find out how we can make our services work better for you.
16.13. MailerLite: Consent for getting info-mails sent from takethechance: We use the MailerLite to provide you with regular updates about our offers. To receive our info-mails, you will need a valid email address. We will then check the email address entered to ensure that you are actually its owner or if its owner has agreed to receive our info-mails. We will not compare the data collected during registration with any other data that might be collected by other components of our site. Info-mail via MailerLite: We use MailerLite to send our info-mails to our subscribers. MailerLite is a service provided by MailerLite UAB. MailerLite UAB, Paupio g. 246, LT-11341 Vilnius, Registration code 302942057, VAT LT100007448516. The data stored when you registered for takethechance (email address, name of registration) will be sent to a server operated by MailerLite UAB in Lithuania and stored there in accordance with the European Privacy Law. Further information about the data protection offered by MailerLite UAB can be found at: https://www.mailerlite.com/privacy-policy. You may cancel your info-mail subscription and revoke your consent to the storage of this data at any time with future effect. For instructions to take this step, please refer to the confirmation email and each info-mail. Mail-tracking: Our newsletter includes so-called web bugs that allow us to recognise if and when an email has been opened and which links in the email have been clicked by its recipient. This data is stored by us so that we can best align our info-mails to the wishes and interests of our subscribers. Accordingly, the data thus collected is used to send personalised info-mails to each recipient. You will be asked to consent to the use of your personal data as follows: “I agree that my data and my user responses will be stored electronically by mail tracking so that I can receive a personalised mail. The revocation of the consent to receive the info-mails constitutes a revocation of the consent for the tracking described above.” By revoking the consent to receive the info-mails, the consent to the aforementioned tracking is revoked.
17.2. Modifications and additions of the contract must be in writing. This also applies to deviations from the written form requirement. Declarations via e-mail, fax or query dialogues also satisfy the requirement of the written form.
17.3. Wherever these Terms refers to natural persons only in the masculine form, such reference applies to men and women equally. When reference is made to individual natural persons, the respective gender form must be used.
18. Applicable law/Jurisdiction/Place of performance
18.2. The place of jurisdiction for all disputes arising directly or indirectly out of this contract will take place in Wels in a local and competent Austrian court. In the event that the client is a consumer within the meaning of the Austrian consumer protection law (KSchG) this place of jurisdiction shall only be considered to be agreed if the client resides in, has his usual domicile or place of employment in this court district, or if he resides abroad.
18.3. In any case it is agreed that an Austrian court is responsible for the place of jurisdiction.
18.4. The place of performance for contractual services is in 4081 Hartkirchen.