GENERAL TERMS AND CONDITIONS
– for the use of the dating portal www.beesinlove.com –
1. Service Provider, Subject Matter, Scope of Application
1.1. These Terms and Conditions apply to the legal relationship between users of the dating portal www.beesinlove.com (hereinafter "Platform") and Zeljko Culaja, Ingeborg-Bachmann-Straße 4a/3, 4600 Wels, Austria (hereinafter "we" or "us"). The platform offers users among others the following functionalities:
- Setting up a user profile with a photo, personal details and other information
- Communication with other users via the platform
2. Minimum Age
2.1. Registration as a member and use of the platform is only permitted to persons who have reached the age of 18.
3. Conclusion of Contract, Contract Languages
3.1. Conclusion of contract in case of services rendered against payment:
3.1.1. Only if and once you order services on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
3.1.2. We may accept your offer within five days by
- submission of a confirmation of order by post, fax or email, or
- request to make payment.
Customer's receipt of our confirmation of order or request of payment shall be the relevant point of time for our compliance with the aforesaid time period.
3.2. Conclusion Of Contract In Case Of Services Rendered Free Of Charge (Registration):
3.2.1. Our making available of the website does not yet constitute a binding offer for conclusion of a contract on the respective use. A binding offer shall only occur once that the User transfers its request for registration to us. We will accept such offer by way of confirmation of the user's registration through a confirmation of registration via email or by allowing entry of user content on the Platform.
3.3. Contract Languages
3.3.1. Languages made available for conclusion of the contract are English and German.
4. Storage of the Provisions of the Contract
4.1. We will store the provisions of the contract, including the order information and the present Terms and Conditions. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order/ registration information is contained in the order overview presented within the last step of the order/ registration process. In case of contracts against payment, the provisions of the contract including without limitation the present Terms and Conditions will be also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
5. User Account
5.1. Registrants for a user account, you are obliged to enter complete and correct information. No information concerning third persons may be used without such persons’ consent.
5.2. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
6. Visibility Of Profiles, Settings For Profile Details
6.1. Your profile is only visible to registered users.
6.2. You can change and/or delete your profile details in your settings at any time.
7. User Content Requirements And User Obligations
7.1. You shall enter and/or make available on the Platform only lawful User Content (text, pictures etc.). They must not contain any depictions of violence and must not be sexually offensive. User Content must not contain any discriminating, offensive, racist and/or defamatory statements or representations and/or which are otherwise unlawful or unethical.
7.2. Including without limitation, User Content and/or making available of same on the Platform, may not conflict with any third party rights whatsoever (e.g. rights in the name, trademark rights, copyrights, data protection rights, personality rights etc.) and the User needs to be in control of the rights for making available the User Content on the Platform.
7.3. Commercial or other business use of the platform is only permitted in the event of a separate agreement with us.
7.4. Users may not insult, discriminate, threaten, stalk, mob or otherwise harass other users in their communication via the platform.
7.5. Duplication, transmission and/or public reproduction of user content of other users outside the platform or contrary to or outside the intended use of the platform is not permitted.
8. Blocking Of User Profiles
8.1. In The Case Of Paid Use:
8.1.1. We are permitted to block profiles of users if there are indications that their behaviour on the platform or their content is illegal or violates the rights of third parties. It shall be deemed an indication or breach of rights within the aforesaid meaning, among other occurrences, if any third party(ies) takes measures against us or you and where such measures are based on actual or alleged unlawfulness and/or breach of rights. The blocking shall be lifted if and once the respective suspicion of unlawfulness or breach of a third party's right will be cleared out.
8.1.2. We shall inform you promptly on any blocking and shall request you to clear out the respective reproach within an adequate time period.
8.2. In The Case Of Gratuitous Use:
8.2.1. We are entitled to block and/or delete user contributions at any time, insofar as your right to freedom of expression does not conflict with this.
9. Contract Period For Use Against Payment
9.1. The term of the contract for the remunerated uses shall be provided for separately.
10. Contractual Term For Gratuitous Uses (Registration)
10.1. The contract of use for gratuitious uses is concluded for an indefinite period. It can be terminated at any time by one of the parties, whereby in the event of termination on our part, a notice period of 2 weeks must be observed.
10.2. The right of the parties to terminate the contract at any time for good cause remains unaffected.
11. Liability for Defects
11.1. The general statutory provisions shall apply to any relevant warranty obligations on our part.
12. Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
12.1. In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
12.2. In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with. Further statutory exclusions and limitations of liability shall remain unaffected.
12.3. Otherwise our liability, regardless of its legal grounds, shall be excluded.
12.4. The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
12.5. Any liability based on the assumption of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz") shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
13. Applicable Laws
13.1. The laws of Austria shall apply. The UN sales convention shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
