Allgemeine Geschäftsbedingungen
General Terms and Conditions for the Products and Services offered by
The Mantrailing App
1. INTRODUCTION
1.1 The Mantrailing App also operates an interactive online platform and the mobile app aimes to create new opportunities for, people who are, or want to become, excellent in mantrailing.
1.2 In order to be able to use the complete spectrum of the services, a one-time registration is required (see Section 4, below).
2. VALIDITY OF THE Terms and Conditions
2.1 The Mantrailing App offers an interactive internet platform and The Mantrailing App mobile app on the basis of these Terms and Conditions. By registering, the user consents to the validity of these Terms and Conditions and any agreements incorporated therein by reference.
2.2 Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these Terms and Conditions.
2.3 These Terms and Conditions shall apply to all points of access, including (sub-)domains and mobile applications, for The Mantrailing App’s products and services.
2.4 These Terms and Conditions shall be valid until cancelled in the currently valid version as of 3 March, 2016.
3. SUBJECT OF THE AGREEMENT
3.1 This Agreement applies for all services and applications like recording trails, dislaying trails ona a map, sharing trails, recording waether data and others. These services and functions shall be made available through the app and several online services of The Mantrailing App
3.2 Mobile applications; The Mantrailing App Mobile
3.2.1 The Mantrailing App offers applications for Apple iPhones, Android phones and other smartphones on a global scale.
3.2.2 These applications can be used both isolated on the smartphone as well as in connection with the The Mantrailing App Online platform.
3.2.3 Subject to the user’s consent, relevant data is transmitted from the smartphone to the The Mantrailing App Internet platform and, upon user request, shared with other social networks (e.g., Facebook), respectively.
3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the The Mantrailing App platform, certain costs of the mobile carrier will be incurred that have to be borne by the user. This also applies for displaying maps on the phone and loading online weather data.
3.2.5 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.
3.3 Other Services of The Mantrailing App
3.3.1 The Mantrailing App may send newsletters to registered users. By accepting these Terms and Conditions, the user allows The Mantrailing App to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from The Mantrailing App.
4. REGISTRATION
4.1 In order to be able to use the The Mantrailing App platform, a one-time, free registration is required. The Mantrailing App offers users two options of registering on the The Mantrailing App platform:
4.1.1 a „Free Membership“ (basic), where only basic options and features are made available to users;
4.1.2 a „PREMIUM Membership“, with all options and features made available to users.
4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with The Mantrailing App. Minors may only register with The Mantrailing App subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to register@the-mantrailing-app.com.
4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these Terms and Conditions.
4.4 Each user shall register with The Mantrailing App once only, and confirms with its registration that it has not registered an account with The Mantrailing App before and has not deleted a previously activated user account.
4.5 Subject at all times to Section 13 hereof, a user can register in one of two ways:
4.5.1 Registration by use of the registration form provided on the The Mantrailing App platform or the app itself:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.5.2 Adoption by The Mantrailing App of registration details provided by the user in the social network Facebook or Google G+:
Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+ , shall be adopted by the The Mantrailing App network. The user can subsequently add to or reduce such details in such user’s profile on the The Mantrailing App platform.
4.6 Following successful registration, the user can log on to the The Mantrailing App platform by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook connect or Google G+.
4.7 If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these Terms and Conditions, The Mantrailing App will delete the corresponding account within a period of seven days.
4.8 The Mantrailing App reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.9 The Mantrailing App is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1 Fraud protection.
5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2 The Mantrailing App will not refund any amounts paid by you to The Mantrailing App before you report an unauthorized or fraudulent use of your account.
5.1.3 The Mantrailing App has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2 Promotions and Free Offers. The Mantrailing App may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
6.1 Subscription Requirement. In order to use the The Mantrailing App Premium Service for Premium Members, you must (i) be a registered user of the The Mantrailing App platform, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card or any other form of payment accepted by The Mantrailing App (the “Subscription”). If you are not a registered user of the The Mantrailing App platform, you must register before you can execute the Subscription. Details about the applicable fees for the Premium Membership are set forth on http://www.the-Mantrailing App/en/premium-membership.
6.2 Types and Prices of Subscriptions. The Mantrailing App offers different Subscription periods so that you can choose the one that best satisfies your needs. All prices are subject to change at The Mantrailing App’s discretion at any time. Any price changes will be announced on the The Mantrailing App platform.
6.3 Payment.
6.3.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
6.3.2 Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems (Paypal, Credit Card, ). If The Mantrailing App is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. The Mantrailing App may deliver invoices and payment reminders to the user by email.
6.4 Automatic Renewal. When your Subscription period expires, your credit card will be charged automatically with the standard subscription price which was valid at the arrangement, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at least prior to the expiration of your current Subscription.
6.5 Cancellation. You may cancel your Subscription to The Mantrailing App Premium Service for Premium Members at any time by initiating the cancellation on the The Mantrailing App platform. Unless otherwise provided for in Section 8, The Mantrailing App will not refund previously paid amounts.
6.6 Expiration. Subject to Section 6.4, for lack of a user’s cancellation of such user’s Subscription, each Subscription period ends only upon expiration of the agreed-upon time period, and regardless of the user’s actual use of the The Mantrailing App Premium Service for Premium Members during such period. Each user can check the length of the current Subscription period by viewing such user’s account information.
6.7 Application of Other Rules. Unless otherwise specified in this Section 6, all other provisions of these General Term and Conditions apply also to the Premium Members.
7. CONTACT
7.1 In any case the valid The Mantrailing App contact details can be viewed here: https://www.the-mantrailing-app.com
8. TERMINATION
8.1 Each user shall have the right to terminate the use of The Mantrailing App’s online platform at any time via its account settings. The Mantrailing App shall confirm such termination vis-a-vis the user.
8.2 Additionally, The Mantrailing App reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
8.3 As a result of any termination pursuant to this Section 8 or cancellation pursuant to Section 9 hereof,
8.3.1 all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users‘ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
8.3.2 upon the user’s request, all saved personal details shall be irrevocably deleted where technically possible. The user shall request such deletion by email, which shall include the email address provided to The Mantrailing App upon registration.
9. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
9.1 Application of Consumer Laws. If you as a User are registered on the The Mantrailing App platform for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
9.2 Right of Withdrawal from Contract. You may cancel your agreement with The Mantrailing App in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Niklas Kuse
Bürgermeister-Panzer-Straße 8
83629 Weyarn
9.3 Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to The Mantrailing App in full or in part, you are obligated to reimburse The Mantrailing App for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
10. USER OBLIGATIONS AND CONDUCT
10.1 Each user of the The Mantrailing App platform must
10.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
10.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to The Mantrailing App that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
10.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
10.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
10.1.5 not carry out any disrupting interferences in the The Mantrailing App network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding The Mantrailing App’s software or hardware;
10.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
10.1.7 provide prompt notice via email of any detected breaches of the aforementioned obligations;
10.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
10.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. The Mantrailing App shall not be responsible for any lost or impaired details.
11. BREACH OF USER OBLIGATIONS
11.1 In order to ensure the proper and reliable provision of services, The Mantrailing App imposes the following sanctions upon breach obligations by a user:
warning;
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
11.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of The Mantrailing App’s and the user’s interests.
11.3 In the event a user account shall be cancelled in accordance with this Section 11, the respective user shall not be permitted to register again.
12. CONTENT
12.1 The Mantrailing App permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these Terms and Conditions, in order to upload, save, publish, distribute, transmit and share content with other users.
12.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
12.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.
12.4 The Mantrailing App shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
12.4.1 comply with statutory law, or court or administrative orders
12.4.2 ensure compliance with these Terms and Conditions;
12.4.3 react to claims of breaches of law raised by third parties; or
12.4.4 safeguard the rights, property or personal safety of The Mantrailing App, its users and the general public.
12.5 The user grants The Mantrailing App the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, The Mantrailing App shall have the right to use, irrespective of the type of usage, all content both as part of the The Mantrailing App platform and any other activity of The Mantrailing App or any company affiliated with The Mantrailing App. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that The Mantrailing App uses content created by a user outside the The Mantrailing App platform, The Mantrailing App shall note that such content was created by the user.
12.6 The Mantrailing App does not claim ownership of any content created by users and will not supervise such content.
12.7 The Mantrailing App reserves the right to delete content created by users, such as routes, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these Terms and Conditions, may be sanctioned in accordance with Section 11.
12.8 The Mantrailing App shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc..
13. PRIVACY POLICY
see further details below in the PRIVACY POLICY
14. REPRESENTATIONS AND WARRANTIES
14.1 The Mantrailing App does not represent or warrant that the The Mantrailing App platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
14.2 The Mantrailing App does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
14.3 The user uses the The Mantrailing App offering exclusively at its own risk. This applies, without limitation, to
14.3.1 the related use of any hardware, including, but not limited to the respective smartphone.
14.3.2 downloading of the user’s own and third party content; and
14.3.3 any use by the user of data created or provided by The Mantrailing App, including, but not limited to (i) track and map details, or (ii) recommendations for actions, e.g., training plans etc. The user explicitly acknowledges that any such data or content may contain errors, and The Mantrailing App does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
14.4 The use of any software or hardware offered by The Mantrailing App is no substitute for the consultation by the user of a specialized trainer.
14.5 Additionally, The Mantrailing App does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. The Mantrailing App does not make any representations or warranties with respect to products or services of third party providers.
15. LIMITATION OF LIABILITY
15.1 The Mantrailing App shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if The Mantrailing App has caused a certain damage willfully or with gross negligence. In the event of slight
negligence, The Mantrailing App shall not be liable to other businesses and shall be liable to consumers only for personal damages. The Mantrailing App shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
15.2 Unless required by statutory law, neither The Mantrailing App nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
15.3 The Mantrailing App assumes no liability for downloaded material or material obtained as a consequence of using the The Mantrailing App platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the The Mantrailing App platform.
15.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that The Mantrailing App will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
16. INDEMNIFICATION BY USERS
16.2 The user shall indemnify The Mantrailing App for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the The Mantrailing App platform by such user or as a result of any other usage by such user of applications available from The Mantrailing App. The user shall bear the costs of any legal proceedings, in which The Mantrailing App may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
16.3 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to The Mantrailing App all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that The Mantrailing App may be entitled to bring against the user shall not be affected.
17. CHANGES TO THE Terms and Conditions
17.1 The Mantrailing App reserves the right to amend these Terms and Conditions from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these Terms and Conditions is available for viewing on the The Mantrailing App platform.
17.2 Changes to these Terms and Conditions, other than changes to Section 3 require the consent of the respective user, to whom the changed Terms and Conditions shall apply. If The Mantrailing App intends to implement such changes to these Terms and Conditions, The Mantrailing App will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the The Mantrailing App platform, or (iii) on any other device through which the user accesses the The Mantrailing App services. We may invite the user to accept the new Terms and Conditions by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
17.3 In the event that the user does not consent to the changed Terms and Conditions, it shall not be permitted to any further use of the The Mantrailing App platform.
17.4 Following amendment of the Terms and Conditions, the continued use of The Mantrailing App’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended Terms and Conditions.
17.5 Subject to Sections 17.1 to 17.4, any changes to these Terms and Conditions must be made in writing. No ancillary oral arrangements exist.
18. MISCELLANEOUS
18.1 In the event that individual provisions of these Terms and Conditions shall be or become invalid, all other terms and conditions shall remain in full force and effect.
18.2 Governing Law and Jurisdiction.
18.2.1 These Terms and Conditions and all contractual relations and litigation between the users and The Mantrailing App shall be governed by German law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
18.2.2 Place of delivery and exclusive court of jurisdiction shall be Munich, Germany.