General terms and conditions Klickerr
Last change 02.Feb.2017
The following general terms and conditions (GTCs) govern the entire use of the Klickerr platform and
Please also note our
In the following sub-items, the terms most frequently used in these general terms and conditions are
Other relevant definitions of these GTCs are described in the respective context on the spot.
A.P. Klickerr Ges.m.b.H., Alserstraße 13/1/9, 1080 Vienna, FN 447805 m, email@example.com, as the
owner and operator of
The platform for the distribution of online live services operated on the website www.klickerr.com
and its subsidiaries
(see point 1.4).
Fully legally competent natural person who has successfully registered on the application.
1.4 “Online live service” (short “OLS”):
Paid services of any kind offered by users on the application and provided via the included live
(see point 1.7).
1.5 “Service provider”:
User of the application, who have put OLS online on the application, in order to make them available
to other users for a
fee. At the moment service providers can not be legal entities.
1.6 “Service consumer”:
Users of the application requesting an OLS by means of a request for quotation (see point 1.9).
Service consumers are the
ones who have the goal of contacting a service provider to ask for their OLS. A service consumer can
at the same time also
be a service provider who would like to ask for foreign OLSs.
1.7 “Live video chat”:
A video chat provided by the external provider Temasys Communications Pte Ltd, 80 Amoy St # 02-02,
069899 Singapore to
perform an OLS, which Klickerr has integrated into the application.
A text-based communication tool (available under the menu item "Inbox") for contacting and
negotiating a specific OLS
between service consumer and service provider, via which all "request for quotations" (see point
1.9) are completed, as
well as the conclusion of the "service contract" (see point 1.10). For each OLS, which is requested
by a service consumer,
there is a separate Klickerr chat, even if several OLSs are requested from the same service
1.9 “Request for quotation”:
A non-binding request (sent inside the application) by a user to a specific OLS (via the OLS site of
a service provider).
A new "Klickerr-chat" between the service consumer and the service provider of the requested OLS is
with the request for quotation. The request for quotation contains the price of the OLS, the
duration in minutes, a
description and the title of the service to be performed, as well as the date and time the OLS takes
1.10 “Service contract”:
A contract agreed upon between the users on the application about an OLS. The service contract is
legally valid if the
service consumer has paid the OLS within 24 (twenty-four) hours from the acceptance of the request
for quotation by the
1.11 “Klickerr services”:
All services that Klickerr offers in the context of the creation and maintenance of the application.
All contents shown, including but not limited to, logos, pictograms, trademarks, text, graphic
texts, graphics, photographs,
pictures, moving pictures, sound, illustrations, music, images, video, software (except the
interactions with other users, comments, feedback, suggestions for improvement, services,
templates, links, questions, suggestions, information or other materials.
1.13 “User content”:
All content published, distributed, or otherwise transmitted by a user on the application, his/her
Klickerr account, or via
the Klickerr chat or live video chat, and has not been modified by Klickerr. This includes in
particular all communication,
graphics, texts, photos, messages and videos.
1.14 “Klickerr content”:
Identifies content that is owned or used by Klickerr, its subsidiaries or licensors, and made
available through the
application, including any content licensed by third parties.
1.15 “Community content”:
Includes user and Klickerr content.
1.16 “Klickerr account”:
With successful registration on the application, Klickerr provides the user with an account. Within
this account the user
can create his/her own profile. This serves to present him/herself and to be able to contact each
other as well as to offer
and book OLSs. Each individual can create a maximum of one Klickerr account.
1.17 “Core user data”:
The core user data includes the first and last names and the place of residence of a user (see point
1.18 “Extended user data”:
Among the "extended user data" are: uploaded data on the public profile including, the "profile
picture”, a "title picture",
"further title pictures", all information which the user specifies in the free text field "about
me", as well as the
language skills given by the user.
1.19 “Private user data”:
This is understood as the necessary data for registration as a service provider, which must be
announced or uploaded by the
user: the exact residential address (city, street, house number, postal code and country),
nationality, date of birth and
country-specific pay-out information (e.g. IBAN).
1.20 “Service category”:
This refers to the categories of services provided by Klickerr on the application, in which service
providers can offer
their OLS. These include mathematics, languages, art and design etc.
1.21 “Total price”:
Total price means the gross price in the national currency of the service provider, including the
applicable taxes, for the
provision of the OLS (as applicable to the service provider) and the Klickerr fee as per point 15.1.
1.22 “Total service provider price”:
The price of the OLS relevant to the service provider, which is displayed on the application for
each individual OLS offered
by him/her, and is derived from the total price plus any rounding according to point 14.3.1.
1.23 “Total service consumer price”:
The price which is relevant for the service consumer and which is deemed to be agreed for the OLS
and which results from the
total price converted into the national currency of the service consumer by means of an adapted
exchange rate, including any
rounding according to point 14.3.1.
2. Preamble and services offered by Klickerr:
A.P. Klickerr Ges.m.b.H (hereinafter referred to as "Klickerr") is the owner and operator of an
high-quality services ("application"), which is operated on the website www.klickerr.com and its
application allows users to announce, arrange/book OLS and provides third party communications
("live video chat") for the digital use
and execution of closed contracts ("service contracts").
The intention of Klickerr is to help users to create an OLS, to facilitate mutual contact via the
Klickerr-chat and to
achieve a consensus of wills, which leads to the execution of a service contract. The corresponding
OLS is carried out within
the live video chat and the payment of the OLS is handled by an external payment provider. Service
consumers can, in
particular, view online OLS, compare service providers, submit requests for quotation and evaluate
Service providers can use a public profile to present themselves to service consumers, put online
OLS, manage OLS and
negotiate conditions for OLS.
The application allows the matching of service providers and service consumers, but does not
actively act as an intermediary
between the users. Klickerr creates and maintains the application and is a pure provider of digital
(Access Service Provider), but does not offer OLS itself and does not perform OLS. Klickerr is not
involved in a service
contract and therefore never a contractual partner of an OLS. Also, Klickerr does not actively
users, nor is Klickerr prevented from doing.
3. Scope, object of the contract, contract conclusion and
Subject of this contract is the access or use of the application for the purposes described in point
2. The general terms
and conditions (hereinafter referred to as "GTC") apply to the entire business relationship between
Klickerr and the users
and govern the reciprocal rights and obligations of Klickerr to the users.
A contractual relationship between the user and Klickerr comes exclusively through the provision and
use of the application.
Non-contractual objects are the services/applications of third parties (e.g. provider of live video
chat; payment provider)
integrated into the application, with which a separate contractual relationship exists.
The contract with Klickerr regarding the use of the application comes about by the completion of the
process and the activation of the registration link in the confirmation mail sent by Klickerr (see
point 4.2) (hereinafter
The reciprocal rights and obligations of the parties shall be determined solely by the content of
the order and these
terms and conditions, unless otherwise agreed upon by both contracting parties. Deviating, opposing
or supplementary terms
and conditions of users, even with knowledge by Klickerr, will not be a contractual component,
unless Klickerr agrees
their validity in writing.
Klickerr reserves the right to change, amend or re-create these terms and conditions at any time and
without giving reasons.
See point 20 for more detail.
The user is responsible for all the data tariffs of his/her provider as well as all other fees and
taxes associated with
the use of the application and the associated services/uses. The use of the application itself is
free of charge for users.
After the conclusion of a service contract according to these terms and conditions, the Klickerr fee
according to point
15.1 will be due.
4. Klickerr account, registration and use by users:
Klickerr allows natural persons to register on the application in order to contact service providers
and book OLS.
There is no requirement to use the application and the services/uses integrated in it.
Natural persons can also browse and view OLS in the respective service categories specified by
Klickerr without registration.
Upon completion of the registration, the user is provided with a Klickerr account on which the user
can create a personal
profile and use the Klickerr chat. Contacting another user, making request for quotations,
completing service contracts, and
evaluating a service provider is only possible after registration has been completed.
The registration is carried out via an online registration form at www.klickerr.com. For this
purpose, the natural person
must have reached the age of 18 and must have full legal capacity or be legally authorized by a
legal representative, which
confirms this with the registration. For the registration, the first and last name and the current
place of residence
(country) (these data are collectively referred to as "core user data") and, on the other hand, a
valid e-mail address and
the desired personal password - which is selected by the user him/herself – are necessary. Other
data (e.g. language skills,
personal description, ...) can be voluntarily stated ("extended user data", see point 4.5). After
confirmation of the
registration by clicking on the registration link that is sent by email by Klickerr, the
registration is completed.
With successful registration Klickerr provides the user with a Klickerr account. The user is then
entitled to use the area
of the application, accessible with his/her email address and password, on the basis of the general
terms and conditions,
Entitlement to registration and use of the application does not exist. Users are not permitted to
create and have more than
one active Klickerr account; each user is allowed to register only once. Furthermore, no accounts
may be created for third
parties or non-existent persons. The Klickerr account is user-related and may not be transferred to
a third party without
the explicit consent of Klickerr.
Klickerr reserves the right to refuse registration of individual users without giving reasons. In
addition, Klickerr is
entitled at all times to block or irrevocably delete the user's Klickerr account (even for already
active service providers)
together with all stored contents, if the user is in contradiction of the applicable general terms
and conditions, without
prior notification and without giving reasons (see section 6.4).
The decision as to whether and which "extended user data" is uploaded to his/her public Klickerr
account is solely for the
user and is completely optional and voluntary. The "extended user data" includes a "personal
picture" of a maximum of six
megabytes; a "profile picture" of a maximum of six megabytes; "additional title images“ of a maximum
of six megabytes (each
with the permitted file extensions: .png, .gif, .jpg and .jpeg); a free text field ("about me")
where the user may describe
his or her abilities, training, professional experience and other knowledge; as well as a point
"languages", under which the
user can indicate the language in which communication is possible. The "core user data" and the
"extended user data" are
collectively referred to as "personal user data". The personal user data is automated and visible
for all natural persons
or by means of search queries.
WITH THE REGISTRATION FOR THE APPLICATION, THE USER EXPRESSLY AGREES TO THE VISIBILITY AND
SEARCHABILITY OF HIS/HER PERSONAL
USER DATA WITH ALL THE GIVEN CONTENTS (FIRST AND SURNAME, LOCATION, PHOTOS AND ALL ENTRIES IN THE
FREE TEXT FIELD)
FOR SEARCH ENGINES AND NATURAL PERSONS.
The user undertakes not to transfer the e-mail address given at registration to a third party and is
responsible for the
fact that the password belonging to the registered e-mail or his/her first and last name is not made
accessible to third
parties. The user assumes full responsibility for all actions made using his/her email address in
connection with his/her
password. In the case of the loss of the password or in the case of a suspicion that a third party
is aware of this or uses
the user's Klickerr account, the user must immediately notify Klickerr and immediately change
his/her password in order to
prevent the access of unauthorized persons. Klickerr accepts no liability for damages resulting from
the unauthorized or
abusive use of password-protected logins or the Klickerr account.
The password can be changed at any time by the user.
The user is obligated to transmit only truthful and complete information and data during the
registration and to update
these immediately without delay. In particular, the user has to ensure that his/her email address is
up-to-date and that the
user can be contacted at the specified email address and that the email address is not transmitted
to a third party.
The subsequent data for the "extended user data" must also be correct and the user has to update it
his/her Klickerr account if they change.
Users have the ability to query information about activities such as:
- booked OLS (future, past and canceled);
- request for quotation (see point 8.3);
- transmission confirmations (see point 14.4);
- ratings received (only service providers, see point 17.1);
in the Klickerr account via the areas "Inbox", "Bookings" and "Services". Klickerr reserves the
right to temporarily or
permanently disable individual functions to ensure maximum ease of use.
Klickerr itself can, for technical product optimization purposes, view and edit all content and data
entered by the user on
his/her Klickerr account (including the "private user data" according to section 5.4) at any time,
so that the contents and
data on any device (computer, laptop , tablet, mobile phone, etc) can be displayed correctly and
content can be viewed
and accessed worldwide.
The Klickerr servers are carefully backed up on a regular basis. Irrespective thereof, the user is
obligated to secure/back
up daily all data in the required format (e.g. personal user data, descriptions of OLS, etc.) that
he/she uses in
connection with the use of the application.
The user is entitled to delete the extended user data specified by him/her at any time. Furthermore,
the user is entitled
to terminate the contractual relationship at any time without observing a notice period and without
stating reasons by
deleting his/her Klickerr account (see point 21.2). In the latter case, Klickerr will immediately
delete all data of the
user; a re-activation of the Klickerr account will no longer be possible.
5. Supplementary special provisions on the use of the application
by service providers
(service provider profile):
The user can only put an OLS on the application after an expansion of his/her Klickerr account (see
point 4) by a service
provider profile (see point 5.4). OLS can only be offered by means of the functions provided on the
application and within
the service categories specified by Klickerr.
The application allows the provision of service providers and service consumers for OLS to be
provided online via the live
video chat and provides the necessary infrastructure for the users (see also point 2.3). The users
negotiate their own OLS
terms independently. Klickerr does not act as a substitute or fulfillment aid of a user and is not a
contractual part of a
service contract concluded between the service consumer and the service provider.
The application enables service providers to offer an OLS on the application. With an activated
profile (see point 5.4) on his/her Klickerr account, the service provider has the option to put at
least one OLS online
per service category. For putting OLS online point 7. is relevant and must be observed.
A Klickerr account is required for registration as a service provider (see point 4). In order to be
able to create and
offer OLS as a service provider, the user must provide additional information or data to Klickerr.
This is done in the
Klickerr account, either in the "host area", where the required data is queried before creating an
OLS in the "Services"
menu point, or under the "personal profile" menu item (hereinafter referred to as "service provider
profile"). The data
necessary for the registration as a service provider (hereinafter referred to as "private user
data"), which must be
published or uploaded by the user, are the exact address (city, street, house number, postal code,
date of birth and country-specific payment information (e.g. IBAN).
The user shall authorize Klickerr to carry out all investigations that Klickerr considers necessary
for authentication or
verification of identity or fraud prevention, either directly or through third parties (hereinafter
referred to as
"verification"). This includes the verification of the specified core user data as well as the
private user data, as well
as the comparison of the data provided by the service provider with third-party databases. The
service provider profile is
activated only after a positive test ("activated service provider profile"). Klickerr reserves the
right to refuse
registration as a service provider without stating reasons.
An already activated service provider profile can no longer be edited by the service provider
without further verification.
For the modification of the core user data as well as the private user data, a further verification
according to point 5.4
is absolutely necessary ("re-verification"). For the period of the re-verification, the service
provider profile is
deactivated and no OLS can be put online. If, during the period of the re-verification, a service
contract is concluded
with already existing online OLS, Klickerr and third parties, from whom services/applications are
integrated in this
application (e.g. payment provider), this service contract will be conducted with the old verified
core user data or
private user data until the re-verification takes place. The user is obligated to transmit only
complete information and data for the service provider profile and to update these immediately
THE SERVICE PROVIDER AGREES WITH THE CREATION OF A SERVICE PROVIDER PROFILE AND THE PUTTING ONLINE
OR AN OLS THAT THE SERVICE
CONSUMER CAN CONTACT AND SEND REQUEST FOR QUOTATION TO THE SERVICE PROVIDER.
Klickerr allows users as well as natural persons free access to offered OLS.
THE SERVICE PROVIDER AGREES WITH THE CREATION OF A SERVICE PROVIDER PROFILE AND THE PUTTING ONLINE
OF OLS THAT ALL CONTENTS
OF OLS, WHICH WERE PUT ONLINE BY THE SERVICE PROVIDER ON THE APPLICATION, MAY BE ACCESSED, USED AND
STORED BY USERS AS WELL
AS NATURAL PERSONS.
In order to ensure the quality of the application, Klickerr is entitled to delete OLS or, in
particularly serious cases
(which is at the discretion of Klickerr), to block the entire service provider profile for specific
or indefinite time.
This is particularly the case in the case of an abuse notification (see point 17.2) or a negative
rating (see point 17.1) of
the service provider if he/she does not correspond to the quality concepts and goals of Klickerr
(see also point 6.4,
"violations of relevant company interests"). In this case as well, Klickerr is not obligated to keep
the content of the
OLS or the Klickerr account (especially profile data).
There is no claim to register as a service provider and thus to create a service provider profile.
Klickerr reserves the
right to refuse registration as a service provider and thus to create a service provider profile
without giving reasons.
In addition, Klickerr is also entitled at any time to block or irrevocably delete the user's
Klickerr account, even already
activated service providers, together with all stored data, if the user is in contradiction of the
terms and conditions without prior notification by the user and without giving reasons (See section
The user is entitled at any time to delete the private user data specified by him/her and thus also
provider profile. To do this, the user has nothing to do but to press the button "delete account" in
account in the "personal profile" menu item.
The account can only be deleted if there are no open services within the "Inbox".
After deleting the service provider profile, the service provider no longer
has the option to put OLS online or to offer OLS on the application. If he/she wishes to do so again
in the future, he/she
has to activate his/her service provider profile again according to the provisions of point 5. of
6. Mandatory use of the Klickerr account and the
Actions which are potentially capable of violating network or system security or manipulating,
hindering or impairing the
operation of the application or the underlying technical infrastructure and its function/access
options are prohibited and
are prosecuted under civil and criminal law. These include in particular:
- the use or the introduction of software, viruses, trojans, robots, scripts or databases in
connection with the use
of the application;
- blocking, rewriting, modifying, copying data and/or other content, as far as this is not
necessary for the proper use
of the application.
When using the application, the user can use various services. This includes, for example, the
sending of messages to
other users via the Klickerr chat and setting their own content, in particular content relating to
OLS or the public
profile of the user (e.g., images, texts etc.). Klickerr is not obligated to review or control
content provided by the user.
The user expressly acknowledges or confirms that he/she is solely responsible for the protection of
the rights of third
parties (personality rights, trademark rights, copyrights, etc.) on all content uploaded to his/her
Klickerr account or via
the application (including Klickerr- chat and live video chat). He/she assures to have all rights of
use and exploitation
(also transferable) of all published contents as well as, in particular, the consent of any persons
pictured for the
User content that the user publishes on the application or his/her Klickerr account (such as in
his/her public profile or
offered OLS) or via the Klickerr chat or the live video chat must not affect the interests of
Klickerr and have to meet the
following conditions and criteria (these are referred to as "prohibited content"):
- content that adversely affects the reputation of Klickerr is prohibited;
- defamatory, degrading or offensive content is prohibited;
- content may not violate any applicable laws or morals; non-factual claims are forbidden;
- the distribution of offensive, pornographic, juvenile, childish, abusive, racist, violence and
anti-religious content is just as prohibited as the use of a vulgar, obscene or aggressive
- all content which the user publishes or disseminates on and via the application, as in
particular in his/her public
profile or offered OLS, must correspond to the truth, must be up-to-date and may not contain
inaccurate or misleading
- the advertising of other competitive platforms is prohibited. It is not permissible to refer to
or link to the websites
of competitors; or other content, which were created by competitors; or other contents, which
contain textual, pictorial or
contextual references to competitors
- public user profiles or online OLS for purely marketing purposes of the user, without real
service intent, are
prohibited. Likewise, it is forbidden for users to advertise for other club or association
- the use of the Klickerr-chat to send messages with advertising content (especially spam
messages) is prohibited;
- all content, including uploaded images (in the public profile or in the offered OLS), has to
and must not contain, in particular, any non-relevant information such as but not limited to
profit games, etc.;
- of the person of the user, his/her abilities, education, professional experience and
- offered OLS
- content, which users exchange before the conclusion of a service contract via the Klickerr-chat,
have to serve
exclusively the determination of a mutual agreement of wills over an OLS and its execution;
- all contents in the publicly visible area of the Klickerr account or in offered OLS must be
directly visible to third
parties. User tracking codes and interactive elements are not allowed.
- users are prohibited from submitting request for quotations or putting OLS online, which are not
intended to be
fulfilled, as supposed service users or supposed service providers;
- users are prohibited from uploading duplicate OLS;
- users may not create Klickerr accounts through unauthorized or automated means;
- the gathering of information from or about users of the application in any unauthorized or
unwarranted manner is
- only the contracted parties of the service contract may participate in the live video chat;
- the posting of an OLS by the service provider without real service intent is prohibited;
- the service provider may only offer and carry out OLSs to which he/she is qualified according to
his or her
knowledge, skills or abilities.
The user shall indemnify Klickerr against all claims which arise on the basis of infringement of
point 6.1, the rights of
third parties (point 6.2) or due to illegal content (point 6.3). In addition, Klickerr has the right
to change and delete
user content and OLS from the Klickerr account at any time, but in particular in the following
cases, without prior notice
and without giving reasons, and/or to block the user for a specific or indefinite time or
irrevocably delete his/her
- in the case of breaches of the obligations and requirements of points 6.1, 6.2, and 6.3;
- in the case of (allegedly) false information (in particular the first and last name) during
(no Klickerr account may be created for third parties or non-existent persons; profile pictures
(see point 4.5) must be
actual and represent the actual user's face;
- in the case of alleged or recognizable misuse of the application or in case of harassment of
- in the case of breaches of relevant corporate interests;
- in case of other serious breaches of the general terms and conditions.
In the event that the user informs third parties of the existence of Klickerr or the application
using the recommendation
function provided on the application, the user must ensure that the third party agrees to the
receipt of the message.
Klickerr provides on its application a rating system, through which users can express their opinions
to other users with
whom they have performed an OLS. Detailed rules for rating OLS on the platform can be found in point
17.1 of these general
terms and conditions. In addition, Klickerr offers service consumers and service providers the
possibility to report an
abuse in the event of a serious infringement of their individual rights, according to point 17.2.
7. Special regulations regarding uploading of OLS by the service
On the application, service providers have the option to put OLS online (offer OLS) via the
area (by clicking the "create new service" button). OLS can be edited as soon as the user has an
activated service provider
profile (see section 5.4).
The service provider is responsible for the input, uploading and providing of faultless, suitable
content for his/her OLS
him/herself. The OLS, which are connected online by means of the application, do not constitute the
opinion of Klickerr and
their contents are not checked by Klickerr for their legality, correctness and completeness;
However, Klickerr has the right
to check uploaded OLS randomly.
When creating an OLS, service providers have to set it up into the given primary and secondary
OLSs must be described as best and comprehensive as possible, as well as truthfully for the service
consumer in the fields
provided for this purpose (see point 6.3). The service provider is obligated to enter all the
necessary and decisive
characteristics of the OLS for the conclusion of a service contract ("OLS mandatory data"). These
- the language in which the OLS is offered or carried out;
- the duration of the OLS in minutes (5, 10, 15, 30, 45, 60, 75 or 90 minutes);
- the short name of the OLS ("Title"); and
- the price (including all taxes and fees, which also includes the Klickerr-fee), to which the OLS
is offered in the
national currency of the service provider (based on the residential address given in point 5.4).
Creating an OLS without the input of these OLS obligatory data is not possible.
In addition, the service provider can also provide a detailed description of his/her OLS in the
"describe offer" text field;
supplement OLS with keywords for easier and faster retrieval by other users; add related images to
the OLS; as well as
information on the possible periods of OLS execution (referred to collectively as "extended OLS
In the "Host area" menu item, under the "Availability" sub-menu item, the service provider can at
any time specify or
change the time period for execution of the OLS for up to three months in advance.
After an OLS has been entered by the service provider in the "Host area"/"Services" area, this is
automatically published by
the Klickerr computer system as an OLS on the application. All fields with OLS mandatory data must
be filled in completely.
Furthermore, the offers must be saved by the service provider by pressing the button "Save offer".
However, Klickerr reserves
the right to change or delete the content of online OLS at any time in accordance with section 6.4.
The service provider can
not change any OLS mandatory details, as well as extended OLS details of his/her online OLS (as soon
as he/she has clicked on
the button "Save offer") with the exception of
If a service provider wants to change OLS mandatory data or extended OLS data after the publication of
the OLS, the user
must submit a new OLS for review according to the relevant provisions of section 7. In such a case, the
is obligated to delete the old OLS (in which the service provider wanted to change OLS mandatory data or
extended OLS data)
(see point 6.3 lit m. - the putting online of duplicates of OLS is prohibited).
- adding additional keywords to make it easier for user to find OLSs;
- the addition of additional images related to the OLS;
- the indication or alteration of the possible periods of OLS availability for the service
consumer (in the sub-menu
item "Availability"); and
- the addition of a title and a description of the OLS in the text field "Describe offer" in
another language (e.g.
in addition to the English description also in Spanish).
THE SERVICE PROVIDER GRANTS KLICKERR THE RIGHT TO PUBLISH ONLINE OLS OF SERVICE PROVIDERS AS PART OF
ACTIVITIES WITH MEDIA AND PARTNER CHANNELS AS WELL AS WITH GOOGLE, AND TO PUBLISH THEM FOR OTHER
OUTSIDE THE PLATFORM.
Klickerr undertakes everything to prevent copying, linking or OLS camouflaged by third parties with
the help of frames. The
service provider notes that Klickerr may not be able to do this at all times. The service provider
grants Klickerr all
necessary declaration of consent, if necessary, to enable Klickerr to prevent this process. If,
however, an unauthorized
linking and/or framing occurs, the service provider can not make any claims against Klickerr.
An online OLS is listed on the application as long as the service provider does not delete it or
Klickerr account (see point 21.2). In both cases, Klickerr is not obligated to keep or store online
Klickerr account deletion see point 4.12).
The service provider agrees that OLS, which are put on the application, can be collected by search
engines and made
accessible via their website.
8. Service contract, contract conclusion:
The creation and negotiation of OLS, the conclusion of a service contract and the fulfillment of the
contract is the
responsibility of the participating users alone. Only the users are responsible for the fact that
the OLS as well as the
conclusion and the fulfillment of the service contract are in accordance with Austrian law and the
right of the respective
users. The users negotiate their own OLS independently. Klickerr does not act as a representative or
fulfillment aid of a
user and is not a contractual partner of a service contract concluded between the service buyer and
the service provider
(see also point 5.2).
Users are free within the compulsory requirements of section 7.3 in the design of the service
contracts. However, the
content of the service contracts may not conflict with these terms and conditions, as well as
Austrian law and the legal
system to which the respective users are subject. The behavior of the users when fulfilling the
service contracts also
affects the reputation of Klickerr. Users therefore also grant to Klickerr the compliance and proper
performance of the
service contracts. This also means that confidentiality agreements, which are subject to agreement
between the parties to
the service contract (except as otherwise expressly stipulated), are complied with.
Within the application-internal Klickerr-chat, users can send requests for quotations or service
provider requests and
accept or reject them. Request for quotations or service provider requests can be submitted up to
twenty minutes before the
scheduled start time of the OLS. A valid service contract can be concluded in two ways:
- On the application, the service provider has activated a non-binding OLS according to the
provisions of section 7.3.
The OLS is requested by a user via the "Order request" button, specifying the desired date and
the start time (the user
makes a "request for quotation"). A request for quotation can be made up to a maximum of 29
(twenty-nine) days before the
scheduled start time of the OLS. With the request for quotation, a "Klickerr-chat" is
automatically started between the
service consumer and the service provider of the requested OLS, and the service provider is thus
informed of the existence
of the non-binding request for quotation. As of this point, service provider and service
consumer will have a maximum of 24
(twenty-four) hours to complete a legal service contract. The service provider can accept the
offer by clicking the "Confirm
offer" button (“Offer confirmation"). This service confirmation informs the service consumer in
his/her "Inbox" and he/she
can accept it by clicking on the button "accept offer" ("offer acceptance"). The button "accept
offer" can only be activated
if the service consumer confirms once again (see point 3.3) by clicking on an appropriate info
box that he/she accepts these
terms and conditions. With the acceptance of the bid, the payment process is initiated according
to point 15.2. Before
the offer is accepted, the service consumer can once again check the OLS with the desired date,
time and price.
The service contract between the service consumer and the service provider is valid as soon as
the service consumer has
successfully completed the payment of the OLS according to section 15.2.5 (24 hours from the
request for quotation by the
Alternatively, a user can contact a service provider ("contact request") via the "contact
service host" button and start
a Klickerr-chat within which an OLS can be negotiated. The service provider can subsequently
submit a non-binding OLS in
the Klickerr chat. The provisions of point 7.3 must be fulfilled and a specific date and start
time of the OLS have to be
declared ("service provider request"). Such a service provider request refers to an OLS created
individually for the service
buyer or an already online OLS of the service provider. This service provider request can be
offered a maximum of 29
(twenty-nine) days before the scheduled start time of the OLS. As of this point, service
consumer and service provider will
have a maximum of 24 (twenty-four) hours to complete a legal service contract. The service
consumer can accept the service
provider`s request by clicking the "accept offer" button ("offer acceptance"). With the
acceptance of the bid, the payment
process is initiated according to point 15.2. The button "accept offer" can only be activated if
the service consumer
confirms once again (see point 3.3) by clicking on an appropriate info box that he/she accepts
these terms and conditions.
Before the offer is accepted, the service consumer can once again check the OLS with the date
indicated by the service
provider and the start time and the price. Until the offer has been accepted by the service
consumer, the service provider
can still withdraw from his/her service provider request.
The service contract between the service provider and the service consumer is valid as soon as
the service consumer
has successfully completed payment of the OLS according to point 15.2.5 (24 hours from the
service provider's request).
Each request for quotation has only a limited period of validity and is automatically canceled after
24 (twenty-four) hours
by Klickerr, if the service provider and service consumer should not agree (see point 8.3 lit a and
8.3 lit b).
After successful payment, a link is sent to the service provider and service consumer in the
Klickerr chat (with the
"activation time" of the link), via which the Live Video Chat (for live video chat see point 9.2)
can be started for this
OLS. Only 10 (ten) minutes before the agreed starting time of the OLS can this link be activated.
If one of the two contracting parties accepts a different OLS at the same time of execution of the
OLS still in negotiation
(according to item 8.3 lit a and 8.3 lit b), the OLS in negotiation is canceled by Klickerr and the
users are informed of the
An OLS may be canceled according to the provisions of item 15.3.
An OLS shall be deemed to be "finalized" if a rating (see point 17.1) has been given, or 36
(thirty-six) hours after the
official end of the OLS (scheduled start time plus OLS duration). An OLS is also considered to be
"finalized" if a case of
points 184.108.40.206 to 220.127.116.11, a case of points 15.3.3 to 15.3.9, or an abuse report (see point 17.2)
occur, and 36
(thirty-six) hours after the official end of the OLS have passed.
9. Technical requirements for the use of the application,
availability and live video
9.1 General technical requirements:
In addition to the general prerequisites for the use of the application and the services/uses
included therein, according to
items 4. and 5., a fast internet access/connection as well as a corresponding, modern device
(computer, laptop, tablet,
mobile phone, etc.), including WebRTC-supporting browsers (e.g. Chrome, Firefox, etc.), which have
the technical capabilities
(i) for graphical and audiovisual presentation, and (ii) to ensure the proper functionality of the
application, its contents
and the services/uses embedded (especially live video chat) are necessary. Users of a device of the
company Apple Inc
(www.apple.com) must additionally fulfill the requirements of point 9.2.3 sentence 4. The exact
requirements, which are necessary for the use of the application and the services/uses involved
in it, can be found on the website www.klickerr.com under the menu point "Help".
IT IS THE RESPONSIBILITY OF THE USER TO ENSURE THAT HIS/HER INTERNET ACCESS/CONNECTION, DEVICE AND
BROWSER MEET THE
TECHNICAL MINIMUM REQUIREMENTS STATED ON THE WEBSITE WWW.KLICKERR.COM UNDER THE "HELP" MENU ITEM AND
(FOR AN IOS DEVICE)
TO DOWNLOAD THE LATEST KLICKERR APP (SEE POINT 9.2.3).
When using the application, a considerable amount of data is generated (especially when using live
video chat), which can
lead to high costs, especially when using mobile devices. Costs and risks of internet traffic are
exclusively with the user.
9.2 Provision of the OLS via the "Live video chat" and special technical requirements when using a
device from the
company Apple Inc.:
THE USER AGREES THAT KLICKERR WILL PERFORM THE EXECUTION/USE/PROCESSING OF THE OLS BY THE EXTERNAL
TEMASYS (HTTPS://TEMASYS.COM.SG) VIA ITS PROGRAM SKYLINK, WHICH IS INTEGRATED INTO THE APPLICATION
(hereinafter referred to as "live video chat"). The live video chat is subject to the
THE USER ACCEPTS THE TERMS OF THE TEMASYS TERMS OF SERVICE, WHICH SUPPLEMENT THESE TERMS AND
CONDITIONS AND WHICH MAY BE
ADAPTED FROM TEMASYS FROM TIME TO TIME.
As soon as the OLS has been paid (see point 15.2), both the service provider and the service
consumer are sent a link to the
live video chat within the Klickerr-chat. If no payment is made, or if it is not successful, no link
will be sent within the
Klickerr-chat. This live video chat can be opened 10 (ten) minutes before the specified start time
of the OLS and
automatically closes 10 (ten) minutes after the booked duration of the OLS. Re-logging into the live
video chat 10 (ten)
minutes after the booked duration of the OLS will no longer be possible. The live video chat is only
available for the two
contract parties of the service contract. Only the authorized service provider and service consumer
may participate in the
live video chat. Further participants are not permitted (see point 6.3 lit p).
Since the live video chat is based on WebRTC technology, the user requires a WebRTC-supporting
browser (eg Chrome, Firefox,
etc) on his/her device (computer, laptop, tablet, mobile phone, etc) to perform the live video chat.
The user is obliged to
ensure that he/she installs a corresponding WebRTC-compatible browser on his/her device. A list of
browsers can be found on the website www.klickerr.com under the menu point "Help". If the user has a
device from the company
Apple Inc (www.apple.com) and wants to do/carry out the live video chat with that device, he/she has
The browser Safari and Chrome can be used in parallel and the Chrome browser can be uninstalled at any
The Klickerr app is offered by Klickerr free of charge in the Apple App Store.
- install or download the Google Chrome browser of the latest version on his/her computer or
- download the latest Klickerr app from the Apple App Store and install it on his/her iOS device
(e.g. iPhone or iPad)
9.3 Malfunctions, interruptions and failures of the application, the services/uses involved therein,
Use of the internet is at your own risk. Klickerr is not liable for the technically
caused loss of access to
the internet on the part of the user.
Klickerr offers its services twenty-four hours a day, seven days a week. Maintenance, updates and
similar work which may
affect the use of the application and the services/uses involved therein will be announced in
advance, as far as this is
possible (which can not be guaranteed particularly in the case of the services/applications of third
parties involved in the
application) online with a reasonable deadline.
The user is aware and accepts that a permanent availability (7 days / 24 hours) of the application
and the services/uses
embedded in it can not be secured. Performance interruptions or restrictions in connection with the
maintenance, updating or elimination of safety measures of any kind shall be accepted by the user to
the extent required.
Klickerr will remedy faults in its technical facilities, within the scope of the existing technical
possibilities, as quickly
as possible and perform maintenance work, updates or similar work - if possible - in such a way that
usage failure times do
not occur or are kept as short as possible. The user acknowledges that Klickerr has no influence on
the elimination or the
duration of the elimination of technical disturbance of third-party services/applications, as well
as on their maintenance
work, updates or similar work.
Klickerr shall not be liable for loss of profit, loss of data or any other indirect damage caused by
impossibility of using the services and contents of the application as well as the services/uses
involved therein or
arising from technical faults, interruptions or failures.
Klickerr is not liable for parameters and malfunctions that are not directly within its sphere of
influence. Such malfunctions
are particularly due to improper use by the user, unsuitable software and/or hardware of the user or
breakdown of the
communication network. In particular, Klickerr assumes no liability whatsoever if the user does not
have a suitable Internet
access/connection, a compatible device or a WebRTC supporting browser (see point 9.1.1) or - in the
case of an iOS device
like iPhone or iPad - use incorrect application versions for the live video chat (see section
9.3.2 Entitlements for interruptions and failures of the live video chat during the execution of an
Delays in performance or interruptions in a total of 10 minutes or less do not constitute a claim
for reimbursement or
reduction of (i) the price to be paid for the OLS according to item 14.1.3 and (ii) the Klickerr fee
according to item
In the case of service delays and interruptions for a total of 10 minutes or more, or in the case of
service failures which
are in the mediate or immediate area of influence of the service customer, then regarding the claims
for refunds and d
isbursements, (i) the total service consumer price, the total service provider price and (ii) the
Klickerr fee, will be
subject to the cancellation provisions of item 15.3.8. This applies, in particular, to the use of
unsuitable software and/or
hardware according to point 9.1.1 and 9.2.3, the technically caused loss of access to the internet
by the service consumer
or the improper use of the live video chat by the service consumer.
In the case of service delays and interruptions for a total of 10 minutes or more, or in the case of
which are in the mediate or immediate area of influence of the service provider, then regarding the
claims for refunds and
disbursements (i) the total service consumer price, the total service provider price and (ii) the
Klickerr fee, are subject
to the cancellation provisions of item 15.3.9. This applies, in particular, to the use of unsuitable
software and/or hardware
according to point 9.1.1 and 9.2.3, the technically caused loss of access to the internet by the
service provider or the
improper use of the live video chat by the service provider.
For service/usage delays and interruptions for a total of 10 minutes or more, or in case of service
neither Klickerr nor a user are responsible for (i) the total service consumer price, the total
service provider price
and (ii) the Klickerr fee, will be handled as if the service was cancelled more than 24 hours prior
to the OLS according
to point 15.3.3.
10. Links to other websites and downloads:
As soon as the user follows a link to another website and thus leaves the application, Klickerr has
no further control or
influence on the contents listed there and does not adopt these contents as their own. Klickerr
assumes no responsibility or
guarantee for the correctness, completeness, topicality, reliability, authenticity, freedom from
or virus-freeness of the contents of other websites, linked to the content of the application
whether it is Klickerr content
or user content. In the event that Klickerr obtains positive knowledge of illegal content on linked
will block the link after review.
comply with the privacy
Klickerr is not liable for the privacy practices of linked websites. Klickerr advises users to
carefully read the privacy
policy of each website that collects personal information. The pricacy policy of Klickerr applies
exclusively to data
collected by the application.
Klickerr does not perform any scanning or virus scanning of user content. Downloads - whether
directly from the application
or from sites linked to the application - are at your own risk. Klickerr assumes no liability for
damages or malfunctions
caused by the download, storage or use of community content such as, in particular, images, Pdfs,
text files, etc.
11. Trademarks, copyrights and other intellectual property
This application includes content of all kinds, which are copyrighted. All content published by
Klickerr is subject to the
copyright of Klickerr. This excludes the content published by Klickerr, which was created by the
user or a third party and
has been taken over by Klickerr unchanged for publication on the internet. Likewise, Klickerr has
the sole copyright to
compile the content on the application.
Copyright notices and/or brand names and/or other rights reserved in the contents of the application
may neither be
altered nor eliminated. The user is obliged to ensure the recognition of intellectual property.
The user is solely responsible for the press-, competition- and other-responsibility for the user
content he or she is
publishing on the application.
Insofar as the user loses a right to use or exploit user content (see point 6.2), he/she is obliged
to notify Klickerr
immediately in writing at firstname.lastname@example.org.
In the event Klickerr is presented with a request for deletion or someone asserts a right to use
and/or exploit user
content, Klickerr will forward this to the user and/or proceed according to the provisions of point
In the sense of "notice and take down", Klickerr will remove any illegal content, especially
copyrighted and trademarked or
infringing user content, from the application and inform the user of a claim. Klickerr will inform
the claimant about the
identity of the user. The rights of Klickerr according to point 6.4 are not restricted by this
12. Rights granting:
If the service provider's trademark rights, copyrights, etc. should be affected during the course of
putting an OLS
online, Klickerr shall be free to use all non-transferable, non-exclusive, locally unrestricted
rights of use and/or
license limited in time with one year after the end of the user's membership, which also includes
the right of processing,
to the extent that this is necessary or appropriate in the course of its business. The service
provider expressly warrants
that he/she is entitled to grant such authorization.
All rights to the application and its services, marks, titles, trademarks and copyrights and other
commercial rights are with
Klickerr and/or its licensor/service providers (e.g. payment provider, provider of live video chat).
The user is obligated to
take this into consideration and undertakes not to use any parts of the application and the
associated services/uses or other
content of any kind whatsoever beyond the possibilities granted to him/her within the framework of
the use of the
application. This means, in particular, that user data and contents, which have become known to them
via the application,
will not be used outside the communication of an OLS or the payment of an OLS. In particular, it is
forbidden to use such
information for advertising, unsolicited e-mails or for other unauthorized purposes.
The user is not allowed to copy, adapt, modify, distribute, license, sublicense, transfer, sell,
display or otherwise use the
application or parts of the application and its services/uses, or to build derivative works based on
them (or to assist
others to do so), or data mine (including the use of data collection and extraction programs and the
like). This also
includes not allowing the user to do either directly or through automated means: (a)
reverse-engineer, alter, modify, derive,
decompile, or extract derivative versions of the application and its services/uses; (b) sell,
resell, rent or charge the
application and the services/uses involved therein; or (c) disseminate or provide the application or
parts of the application
and the services/uses embedded therein via a network in which they could
be used simultaneously by several devices.
Subject to compliance with these terms and conditions, Klickerr grants the user a simple,
non-transferable license for use of the application, which is only for private use. This license is
for the sole purpose of
enabling the user to use this application and the services/uses embedded therein in the manner
permitted by the terms of
Klickerr and within the legally permissible framework. If the user violates or does not comply with
the terms and conditions
stipulated in these general terms and conditions, this license expires immediately. Except for the
expressly granted licenses
and rights, the user is not given either license or rights in any way.
With the putting online of an OLS by the service provider, the service provider agrees to transfer
Klickerr the sole
database rights to his/her OLS.
13. Warranty, indemnity and liability:
The application and the services/uses embedded in it are offered without guarantee for a specific
availability. The scope of the current functionalities is determined by the performance
specifications on the application.
Klickerr does all reasonable steps to ensure the reliability of the presented content. However,
Klickerr assumes no liability
whatsoever for the correctness, completeness, topicality, legal clarity or other quality of the
community content published
or otherwise provided by Klickerr or users within the application, the services/uses embedded
therein, nor is a guarantee for
the suitability for a certain purpose taken over. This applies in particular to user content
presented on the public profile
of user, user content, which is indicated in OLS in the text field "Describe offer" (see point 7.3),
as well as user content
shared via the Klickerr chat and the live video chat.
The user assures that through his/her user content, which he/she uploads to the Klickerr account or
via the application
(including Klickerr chat and live video chat) no legal or other provisions (e.g. those of item 6.3
lit b, c and d) or
rights of third parties (in particular trademark, copyright or performance rights) are infringed.
The user shall indemnify
and hold harmless Klickerr against any claims, provided that claims are made by third parties.
The pre-contractual, contractual and non-contractual liability of Klickerr is limited to intent or
Klickerr is not responsible for lost profit. Furthermore, in case of slight negligence, Klickerr is
only liable for breach
of contractual obligations whereas the liability in this case is limited to the amount of the
foreseeable damage which is
typical for the contract up to a maximum of EUR 300.00 (three hundred Euro). This limitation of
liability does not apply to damages under the product liability act or personal injury.
With this application, Klickerr enables the creation of the contact between the service provider and
the service consumer.
Liability for damages in connection with their initiation of the contract is excluded.
Klickerr accepts no assurance or liability for the realization of a contact or a service contract
between the service buyer
and the service consumer. Furthermore, Klickerr does not accept any liability that the application
providers that meet the criteria of an OLS desired by the service consumer.
Klickerr is not involved in a service contract and therefore never a contractual partner of an OLS
(see point 2.3).
Klickerr is therefore not responsible for the provision, implementation and content of the OLS
carried out via the
application. Klickerr has no knowledge of the scope and content of an OLS and the information and
content provided by a
service provider and does not examine them for their correctness. The assessment of the competence
of the service provider
is the responsibility of the user. Claims and obligations arising out of these service contracts as
well as in connection
with their fulfillment, arise and exist exclusively between service consumers and service providers;
except for payment,
disbursements and refunds (see point 15.2). If a user has a dispute with another user, that user
will indemnify Klickerr
(as well as its agents, affiliates, directors, officers and employees) from all claims, lawsuits,
costs, expenses and compensation claims resulting from this service contract.
The user explicitly agrees that the payment transaction is handled by the external payment provider
(https://www.stripe.com) (see in particular point 15.2.3). The user expressly agrees that Klickerr
is not liable for any
damages or claims arising from the payment processing with this payment provider.
Klickerr does not warrant that the application and the services/uses contained therein is free from
computer viruses or other
harmful mechanisms. If, due to the use of the application, damages or costs - of whatever kind - are
incurred, Klickerr shall
not bear these, insofar as these were not intentionally or grossly negligently committed by
Klickerr is not liable for the unauthorized knowledge of third parties of personal data of the user
and the misuse of these
data (e.g. by unauthorized access of "hackers" to the database or by the unauthorized
transfer/disclosure by other users).
As far as liability of Klickerr is excluded or restricted, this also applies to the personal
liability of Klickerr's
employees, agents and vicarious agents.
There is no right to a response or reaction from a contacted user. Each user has the right to ignore
requests for quotation, offer confirmations, as well as service provider requests for the purposes
of section 8.3 without
giving reasons. Service providers are entitled to refuse to conclude service contracts.
Compliance of the information, instructions or guidance (e.g. carpentry work) provided by a service
provider during the
implementation of an OLS is carried out at the own discretion and risk of the service consumer.
Klickerr has no influence
on the content of an OLS or its implementation when it is carried out.
The user indemnifies Klickerr from all claims which third parties assert due to the user's faultful
conduct due to the
violation of their rights in connection with this contractual relationship. The user shall bear all
costs arising therefrom,
including all costs of legal defense. At the request of Klickerr, the user must block Klickerr from
third-party claims at
the expense of the user.
If the user uses the application and the services/uses connected to it from a third-party device
(computer, laptop, tablet,
mobile phone, etc.), he/she has the duty to inform the owner or the holder of rights of use of that
device and to obtain
his/her permission. The user is liable for all damages (occurring to Klickerr) that arise from such
14. Prices displayed, rounding, billing and taxes:
14.1 Prices of OLS:
When creating an OLS according to point 7.3, the service provider must specify the "total price"
actually charged to the
service consumer. "Total price" means the gross price in the national currency of the service
provider (based on the
residential address in accordance with point 5.4), including the applicable taxes (as applicable to
the service provider)
and the Klickerr fee according to item 15.1. When determining the overall price of an OLS offered,
the service provider
must therefore take into account that the amount paid to him/her is reduced by the Klickerr fee in
accordance with point
The price of the OLS relevant to the service provider, which is displayed on the application for
each OLS offered by him/her,
is the total price according to item 14.1.1, which can be rounded up by Klickerr according to the
definition of point 14.3.1
(as the "total service price").
The price relevant to the service consumer, which is deemed to be agreed for the OLS and is to be
paid by the service
consumer according to the provisions of item 15.2, is converted into the service consumer´s currency
by means of a current
exchange rate (see point 14.2.3) to a total price according to point 14.1.1, which can be rounded by
Klickerr according to
the definition of point 14.3.1 (referred to as "total service consumer price").
14.2 Foreign currency:
Klickerr enables service providers to offer OLS in many countries around the world. This also
implies that service providers
and service consumers can have different payment and withdrawal currencies. Klickerr has therefore
integrated a currency
converter into its application. This automatically calculates the total price of the OLS indicated
by the service provider
(based on the details of his/her exact residential address according to point 5.4) in his/her
national currency ("service
provider currency") into the national currency of the service consumer ("service consumer currency")
(based on the details
of his/her current residence according to section 4.2). Only the total price of the OLS in the
service consumer currency is
displayed to the service consumer. The service consumer currency is the currency in which the
service consumer has to pay
It is possible that the currencies that are available to users to perform and receive payments may
be limited and may not
contain the national currency for each geographic location specified. The service provider currency
for an OLS can differ
from the respective service consumer currency.
If the service consumer currency is different from the service provider currency, the currency
converter calculates the
amount to the service consumer currency using an "adjusted exchange rate". The "adjusted exchange
rate" means the rate
determined by Klickerr for conversion into the service consumer currency, which is calculated by
adding a premium to the
reference exchange rate used by Klickerr (see point 14.2.4). The premium on the reference exchange
rate used by Klickerr is
a charge by Klickerr for the holding costs and the foreign currency risks of Klickerr. The service
consumer only sees the
total demand price; there is no indication of the reference exchange rate and the surcharge for the
The reference exchange rate is made up of various exchange rates calculated by banks on the foreign
which have a significant influence on the international currency valuation. These banks include ABN
Amro, ANZ, Barclays
Capital, HSBC, JP Morgan, Deutsche Bank, Royal Bank of Canada, Standard Chartered, Santander and
UBS. The reference
exchange rate used by Klickerr is an average rate, which is an average value of the purchase and
sale value of the
respective currency to be converted.
It should be pointed out to the user that additional charges may be incurred for the conversion of
the currency and the
payment of the OLS since the selected bank of the user for the payment/payout of the OLS (payment by
card) can charge a fee
for this (see also point 15.2.7 for further details). Therefore, displayed disbursements can not be
fully secured to the service provider (in particular, if
the service is paid and paid out in different currencies). The amount paid out to the service
provider`s account may differ from the displayed amounts within the payment confirmation and the
confirmation e-mail sent due to exchange rate differences between the payment provider and the
financial institution of the service provider.
The aggregate prices (including those converted into the service consumer currency, see paragraphs
14.2.1 to 14.2.4) shall
be rounded up or downwards by Klickerr at its own discretion to the nearest whole unit in which the
currency is stated,
provided that this foreign currency has an exchange rate ratio of 1:40 to the USD (1 USD / 40
currency units of the foreign
currency) (e.g. the nearest US Dollar, Euro or another supported currency; for example Klickerr will
round an amount of AUD
101.50 to AUD 102). Some currencies are stated in large amounts, which is why Klickerr reserves the
right to present these
currencies only in certain principal units (in 10, 100 or 1,000 currency units of the currency).
14.4 Billing, transfer confirmation:
The service consumer notes that the service provider - since the service consumer uses the OLS in
private - is not obliged
to issue an invoice. Klickerr only enables the facilitation of service providers and service
consumers (see point 2.3)
and therefore can not issue the user with an invoice in this regard.
After successful payment of the OLS (see point 15.2), both the service consumer and the service
provider receive a
confirmation of the transfer from Klickerr with the basic data of the booked OLS (name of the
service consumer and his/her
place of residence, name of the OLS, name of the service provider, time for the provision of the
OLS) as well as the price
of the OLS according to point 14.1.2 (service provider) and 14.1.3 (service consumer) respectively.
After completion of the OLS (see point 9.2), the
- service consumer receives from Klickerr a confirmation of the transfer as described in point
- service provider receives from Klickerr a confirmation of the transfer with the key data of the
performed OLS (name of
the service consumer and his/her place of residence, name of the OLS, name of the service
provider including exact address,
dates and times of the service) as well as an exact breakdown of the payment details (payment
method, total price according
to item 14.1.2, Klickerr fees according to item 15.1 and payout amount).
The transfer confirmation, which is sent to the service consumer, shows only the total demand price.
If the service consumer
currency differed from the service provider currency and therefore a conversion according to item
14.2.3 had occurred,
neither the reference exchange rate nor the mark-up according to item 14.2.3 is indicated on the
The service provider is responsible for transferring the applicable taxes of the OLS carried out
according to the respective
country-specific tax legislation. The service provider is obligated to inform him/herself before and
after the putting
online the OLS whether and to what extent he/she is subject to VAT and/or whether other taxes or
fees for the offered OLS
are incurred in his/her country of origin.
Klickerr assumes no obligations or responsibility for the correct, proper and timely collection and
payment of any taxes and
fees incurred by the service provider. The service provider is solely responsible for the
tax-related collection, payment
and declaration. Klickerr does not provide any tax consultancy services.
Due to country-specific or international tax regulations or provisions, Klickerr is permitted in
connection with the use of
this application to obtain appropriate, individual tax information from the users at any time. Users
must provide all the
necessary information to Klickerr, should they be requested by Klickerr.
15. Fees, payment, pay out and refund, cancellation:
15.1 Klickerr fee, OLS fee and fixed costs:
The general use of the application is free of charge for users (see also point 3.6). A Klickerr fee
becomes due as soon as a service contract has been concluded between the service provider and
The Klickerr fee is paid by the service provider to Klickerr as a deduction from funds owed (see
paragraph 2 of item
Klickerr charges 12% (twelve percent) of the total service provider price (this percentage fee is
referred to as the "OLS
fee" and can also be calculated from another base amount – in particular for cancellations – see
point 15.3.4) and
a Euro 0.49 (forty-nine Eurocent) fixed costs, collectively the "Klickerr Fee". In the Klickerr fee,
the applicable sales
tax is already included.
This Klickerr fee must be included in the cost estimate of the total price by the service provider
(see point 14.1.1)
and is automatically deducted from the total service provider price by the external payment provider
(see point 15.2.3) used by Klickerr. The difference is paid out by Stripe to the service provider.
A circumvention of this Klickerr fee by users is prohibited and can be prosecuted (see point 16.).
15.2 Payment, pay out and refunds:
After finding an agreement between the service consumer and the service provider regarding the
booking and execution of an
OLS according to point 8.3 lit a or lit b, the payment process is initiated by the service consumer
by pressing the "accept
offer" button. In such a case, the service consumer agrees to pay the OLS`s total demand price
according to point 14.1.3.
The payment of the OLS is carried out by means of a credit card via the payment provider Stripe, 185
Berry Street, Suite 550,
San Francisco, CA 94110, USA ("Stripe") used by Klickerr. The following credit cards are supported
by Klickerr: VISA,
MASTERCARD, AMERICAN EXPRESS.
THE USER AGREES THAT KLICKERR PERFORMS THE ENTIRE PAYMENT PROCESSING (INCLUDING THE TRANSFER OF THE
THROUGH THE EXTERNAL PAYMENT PROVIDER STRIPE. PAYMENT PROCESSING IS SUBJECT TO THE
STRIPE CONNECTED ACCOUNT AGREEMENT, WHICH INCLUDES THE
STRIPE TERMS OF
(SUMMARIZED UNDER THE "STRIPE SERVICES AGREEMENT").
THE USER ACCEPTS THE TERMS OF THE "STRIPE SERVICES AGREEMENT", WHICH SUPPLEMENTS THESE TERMS AND
CONDITIONS AND WHICH
MAY BE ADAPTED BY STRIPE FROM TIME TO TIME.
Stripe may request further information from the service provider during the processing of the
payment in order to comply
with money transfer security guidelines and to ensure the prevention against crime financing and the
like. For this purpose,
a digital copy of a valid passport or other country-specific identification numbers are requested.
These are requested by
Klickerr and forwarded to Stripe. At this point, pending payouts are secured for the service
provider until the service
provider provides the necessary information. Once the requested information has
been received and has been positively verified, the payout is released.
The service provider transfers his/her payment claims to Stripe. Stripe collects the total service
consumer price from the
specified credit card account of the service consumer. The service consumer agrees that Stripe, in
spite of the fact that
Stripe is not a party in the agreement between the service consumer and the service provider, is
acting as the agent for the
service provider`s fee for the recovery of the total demand price or to other claims as per point
18.104.22.168 (due to delays and
interruptions of service performance for a total of 10 minutes or a loss of performance which is in
the direct or indirect
sphere of influence of the service consumer), item 15.3 (due to cancellations, nonappearance, etc)
or an abuse report
pursuant to item 22.214.171.124. With the payment of the total service consumer price to Stripe, the duty
of the service consumer
to pay the total service provider price or amounts due to the service provider pursuant to points
126.96.36.199, 15.3 or 188.8.131.52
shall be voided and Stripe shall be responsible for their pay out (minus, chargeable Klickerr fee,
OLS fee and fixed costs)
as described in these terms and conditions. If Stripe does not pay out such amounts as described in
these general terms and
conditions, the service provider may only recourse to Stripe.
The service consumer shall assign his/her payment claims to Stripe arising in the event of a
circumstance according to item
184.108.40.206, item 220.127.116.11, item 15.3.3, item 15.3.4, item 15.3.5, item 15.3.7 and item 15.3.9, as well
as an abuse report
according to item 18.104.22.168 and 22.214.171.124. The service provider and the service consumer agree that
Stripe, notwithstanding the
fact that Stripe is not a party to the service contract between the service buyer and the service
consumer, shall be liable
to the service provider as its representative for the pay out in the event of a circumstance
according to point 126.96.36.199, item
188.8.131.52, item 15.3.3, item 15.3.4, item 15.3.5, item 15.3.7 and item 15.3.9, as well as an abuse
report according to item
184.108.40.206 and 220.127.116.11 to the service consumer.
Stripe shall be responsible for the payment of amounts pursuant to point 18.104.22.168, item 22.214.171.124, item
15.3.3, item 15.3.4,
item 15.3.5, item 15.3.7 and item 15.3.9, as well as an abuse report according to item 126.96.36.199 and
188.8.131.52 (minus any
Klickerr fee, OLS fee and fixed costs) to the service consumer. With the payment of these amounts by
Stripe, the duty of
the service provider to pay out to the service consumer will be expired. If Stripe does not pay such
amounts as described
in these terms and conditions, the service consumer can only take recourse against Stripe.
After clicking on the "Accept offer" button, the service consumer automatically reaches the secure
payment form of the
external payment provider Stripe within the Klickerr-chat. The service consumer must enter the name,
the credit card
number, the expiry date and the cryptogram with 3 numbers (CVV code) of his/her credit card. The
data are transferred by
SSL encryption with at least 128 bit keys and are thus not visible to unauthorized persons. By the
final confirmation of
the payment by pressing the "Pay" button, the payment process for the service consumer is completed.
The service consumer
hereby authorizes the recovery of the aggregate service consumer price indirectly by the
external payment provider Stripe in accordance with the terms of the agreement "Stripe Services
After successful payment (see point 15.2.5), the service provider and the service consumer will
receive a transfer
confirmation according to item 14.4.2. A link is sent to the service provider and service consumer
in the Klickerr chat
(with the "activation time" of the link), via which the live video chat (see point 9.2) can be
started for this OLS.
If no payment is made, or if it was not successful, no link to the live video chat will be sent
within the Klickerr-chat.
Only 10 (ten) minutes before the agreed date of the OLS the link can be activated (see point 8.5).
Klickerr receives from Stripe only the confirmation of the payment, and has no access to the credit
card data of the
service consumer! Klickerr does not process or store any credit card data. Any fees (exchange
rate-related bank fees, bank
commission for payment transactions which are not executed in the bank card`s issue country, other
bank charges, etc.)
resulting from payment by credit card are borne by the service consumer. These fees correspond to
the possible charges,
which are levied exclusively by the bank institution of the service consumer due to the use of
his/her credit card or by
Stripe. Klickerr disclaims all liability in this regard. More information about
the external payment service provider Stripe is available at www.stripe.com.
After the finalization of the OLS (see point 8.8), the pay out or reimbursement to the service
provider or service
consumer usually takes place within seven working days by the payment provider Stripe. Stripe will
only pass on payments,
which could be successfully withdrawn from the credit card account of the service consumer. Klickerr
assumes no liability
whatsoever for any damages that may result from a delay in pay out and refunds.
15.3 Cancellation and postponement of OLS, user nonattendance, interruption and termination of live
video chat by users:
The OLS can be cancelled by the service provider, the service consumer and Klickerr. An OLS can only
be canceled without
exception until 10 minutes before the start of the appointed date for the OLS.
The service consumer has the option of postponing the start of the "live video chat" once,
by up to three hours. This can be done up to twenty-four hours before the start of the appointed
date of the OLS.
The service provider has to agree this postponement by klicking the accept postponement button
within the text chat.
Should the service provider not accept the postponement, the service has to be conducted as
If the link to live video chat is not activated by the users or the live video chat is not started
the OLS shall be deemed
to have begun at the beginning of the appointed date of the OLS and shall be deemed to have ended
after the planned OLS
deadline (ending time of the OLS). The finalization is governed by the provisions of section 8.8.
Should the service provider or Klickerr cancel the OLS, the entire service consumer price will be
returned to the service
consumer. The service consumer has the possibility to cancel the OLS free of charge up to 24
(twenty-four) hours before the
appointed start date (for example, if the agreed date of the OLS is 23.Nov.2016 - 2pm, the service
consumer is able to
cancel until 22.Nov.2016 - 2pm free of charge); Here as well, the entire service consumer price is
returned to the
If the service consumer cancels within the last 24 (twenty-four) hours up to ten minutes before the
start of the
appointed date of the OLS, the OLS cancellation fee for him/her is 25% (twenty-five percent) of the
total service consumer
price. The remaining 75% (seventy-five percent) of the total service consumer price according to
point 14.1.3 will be
transferred back to the account of the service consumer. If the OLS is cancelled by the service
consumer within the last 24
(twenty-four) hours up to ten minutes before the start of the appointed date of the OLS, the service
provider will receive
25% (twenty-five percent) of the OLS service provider price less 12% (twelve per cent) "OLS fee" as
well as EUR 0.49
(forty-nine Eurocent) fixed costs (both gross amounts), to the account specified by him/her. For
example, if the total
service consumer price of an OLS is EUR 10 (ten Euro), and the service consumer cancels the OLS
within 24 hours up to 10
minutes before the start of the OLS, the service provider will receive EUR 2.50 (two Euro fifty
Eurocent, corresponding to
25% of the total service consumer price) minus EUR 0.30 (thirty Eurocent; 12% of the EUR 2.5 (the
25%)) minus EUR 0.49
(forty-nine Eurocent, corresponding to the fixed costs), which corresponds to a total payout to the
service provider of
EUR 1.71 (one Euro seventy-one Eurocent).
If a service provider does not appear at the appointed time for the OLS, a free cancellation by the
service consumer is
possible and the entire total service consumer price is returned to the service consumer. A service
provider does not
appear at the appointed time for the OLS if he/she does not activate the link for activating the
live video chat at the
latest 10 (ten) minutes after the start of the appointed time of the OLS. A prerequisite for a free
cancellation after this
point is that the service consumer enters the live video chat no later than the beginning of the
appointed date of the OLS
or has activated the link according to point 8.5 and remains there at least 10 (ten) minutes without
leaving it and
the service provider has not activated the link to activate the live video chat him/herself. If
these prerequisites are met,
a "Cancellation" button, which the service consumer has to push, is activated in the live video
chat. It is absolutely necessary that this cancellation button is activated/pushed by the service
If the service consumer does not appear to the OLS, a positive execution of the OLS is accepted and
the total service
provider price minus the Klickerr fee is paid to the service provider; the service consumer does not
get refunded the paid
total service consumer price. A service consumer does not appear to the OLS, if he/she does not
enter the live video chat
for the entire duration of the OLS or activates the link according to point 8.5. The service
provider has to be present in
the live video chat for the entire duration of the OLS (calculated from the start of the appointed
date of the OLS) and is
also obliged to carry out or to carry only a part of the booked OLS. Example: If the service
consumer appears late to the
live video chat for a booked OLS, which lasts 50 (fifty) minutes, by 30 (thirty) minutes, the
service provider has to
provide his/her service for the remaining 20 (twenty) minutes of the OLS.
If both the service provider and the service consumer do not appear at the appointed time for the
OLS, then the provisions
of section 15.3.4 apply accordingly. A service consumer and service provider do not appear to the
OLS if both do not enter
the live video chat for the entire duration of the OLS or activate the link according to point 8.5.
If an OLS during its execution is interrupted or is halted for a period longer than 10 minutes by
the service consumer,
then a positive execution of the OLS is accepted and the total service provider price minus the
Klickerr fee is payed out
to the service provider; The service consumer does not get his/her paid amount refunded for this
If an OLS during its execution is interrupted or is halted for a period longer than 10 minutes by
the service provider,
then a cancellation by the service provider is accepted and the entire total service consumer price
is returned to the
service consumer. In such a case, Klickerr reserves the right to block the service provider at a
specific or indefinite
time or to irrevocably delete his/her Klickerr account.
If the service consumer currency is different from the service provider currency at the conclusion
of the service contract
and therefore the paid price has to be converted into the service provider currency using the
currency converter by Klickerr
on the basis of the "adjusted exchange rate" (see point 14.2.3), the re-transfer is made to the
service consumer based on
cancellations pursuant to items 184.108.40.206, 220.127.116.11, 15.3.3, 15.3.4, 15.3.5, 15.3.7 and 15.3.9 as well
as the report abuse
items 17.2.5 first sentence and 18.104.22.168 using a new spot exchange rate.
This may result in differences in the amounts to be reimbursed, which is not the responsibility of
Klickerr. The service
consumer clearly agrees that he/she is aware of such fluctuations in the currency and the effect on
his/her payout and that
he/she has to bear these costs. Example: The service consumer buys an OLS for 30 EUR (thirty Euro)
from a service provider
from Australia (who will get paid out 35 AUD (thirty five Australian Dollar)). At the time of
purchase, the Euro amount will
be converted into Australian Dollar. The service consumer will cancel this OLS more than 24 hours
before the start of the OLS
and get 35 AUD (thirty five Australian Dollar) to the current exchange rate refunded to his/her
account (without deduction
of any Klicker fees). This amount is subject to the currency fluctuation.
16. Prohibition of circumvention, exclusivity:
If a user puts an OLS on the application online, service provider and service consumer are obliged
to complete an OLS
service contract through the application. The user is obligated not to conclude OLS by circumventing
the application and
not without deduction of the Klickerr fee according to item 15.1. A non-contractual circumvention is
also defined as
intentionally setting too low of a price for the OLS, which is intended to reduce the Klickerr fee.
If a different user asks for the conclusion of a service contract contrary to the regulation of item
16.1, this request for
circumvention is to be rejected and referred to the ordinary contract conclusion via the
application. Users are required
to immediately notify Klickerr of circumvention requests by e-mail to email@example.com.
Communication about OLS on the application with other users may only take place via the
Klickerr-chat. Users are obligated
to enter their contact information only in the fields provided for this purpose in their Klickerr
account and not in other
fields, such as in the text field "About me" (see point 5.4) or text field "Describe offer" (see
point 7.3), regardless of
In the event that users enter into a service contract through the application, the users oblige that
service contracts between the same users for a period of 12 (twelve months) after conclusion of the
first service contract,
are completed only through the application. Within this period if the users do not have access to
the application, for
example because a user has terminated the contractual relationship (see point 21.2), the user agrees
to notify Klickerr
immediately of the conclusion of a (subsequent) service contract, indicating the total value of the
17. Rating and reporting of OLS on the application:
17.1 Rating of an OLS:
The rating system gives users the opportunity to get a picture of the reliability of the users and
the quality of the
performance of the OLS. For this reason, service consumers can start to rate service providers 10
(ten) minutes after the
expiry of the planned duration of the OLS. Rating is possible up to a maximum of 36 (thirty-six)
hours after the end of
the planned duration of the OLS. A reply on a rating or rating of a service consumer, is currently
Service consumers are obliged to provide their rating truthfully and as objectively as possible.
A review of the ratings by Klickerr does not take place.
A rating can be given by the service consumer in addition to the regulation of item
- the service provider has canceled the already confirmed (if a transfer confirmation pursuant to
section 14.4.2 has
already been submitted) OLS according to item 15.3.3;
- the service provider does not appear at the appointed date of the OLS according to point
- the OLS according to point 15.3.9 has been cancelled by the service provider during its
execution or has been
interrupted for a duration longer than 10 (ten) minutes by the service provider.
Klickerr obligates service consumers to be truthful as well as factual and respectful in ratings. As
a result, users have
the ability to notify Klickerr of the existence of justified and reasoned doubts as to the
correctness of a given rating.
In such a case, Klickerr is entitled, but not obliged, to delete the rating in question without
prior notice. Klickerr
further reserves the right to delete and/or block the user for a specific or indefinite time, should
violate in particular the criteria listed in section 6.3 lit a.) to e.). Klickerr will never
moderate among users, nor
is Klickerr prevented from doing so.
17.2 Abuse notification of an OLS:
Klickerr takes seriously the compliance with its terms and conditions, in particular compliance with
the provisions for
the prescribed use of the application, the Klickerr account and the services/uses embedded therein
(see point 6), and
thoroughly investigates the violations of these terms.
If the user becomes a witness to a crime, or a breach of the general terms and conditions, he/she
can inform Klickerr
by e-mail to firstname.lastname@example.org (hereinafter referred to as "complaint notification"). It is at the
Klickerr whether a complaint regarding this violation of these terms and conditions requires action.
If not, this does
not constitute a waiver of future action.
In addition, both the service consumer and the service provider have the possibility to issue an
"abuse notification" up to
60 (sixty) minutes after the end of the planned duration of the OLS carried out via the live video
chat. The service consumer
may submit an abuse notification instead of submitting a rating according to point 17.1, but may not
submit both a rating and
an abuse notification. An abuse report shall be deemed to be valid if a serious violation of the
conditions and criteria set
out in point 6.2 lit b.), d.), p.), q.) and r.) occur.
In order to avoid erroneous or deliberately incorrect messages, Klickerr offers several options to
indicate the abuse that
has taken place when sending an abuse message. The service consumer must select the appropriate
complaint from the options
and follow the further instructions.
If the user presses the report abuse button in the text chat, a new window opens with a choice of
abuse options to be clicked and the possibility to add a description in a text field. If the user
not press the "report abuse" button again and thus confirm his/her input and instead choose the
"back" button, the user returns to the text chat. In such a case, the video chat has been terminated
and a reconnection to the underlying video chat is no longer possible. This service will be settled
such a case normally without reimbursement to the buyer.
17.2.5 Report abuse by the service consumer, the service provider or by both:
In the case of a sole abuse report by the service consumer, the entire service consumer price of the
OLS is returned to
the service consumer; In this case, the service provider has no claim to the overall service price
or even a part thereof.
In the case of an abuse notification by the service consumer no Klickerr fee is charged.
In the case of a sole abuse report by the service provider, the total service provider price of the
OLS minus the Klickerr
fee is paid out to the service provider; The service consumer does not receive the paid total
service consumer price.
In the event of an abuse report by the service consumer as well as by the service provider, the
entire service consumer price
of the OLS is returned to the service consumer and in this case the service provider has no claim to
the overall service
provider price or even a part thereof. In the case of an abuse report by both, the service consumer
and the service provider,
no Klickerr fee is charged or deducted.
In the event of an abuse report pursuant to section 17.2.5, the two contractual partners of the
service agreement of Klickerr
can be automatically blocked in relation to each other. It is solely at the discretion of Klickerr
whether Klickerr will cancel
this lock after a possible investigation of the incident. The possibilities listed in section 6.4
second sentence are not
affected by this provision and remain applicable in parallel.
If, after a possible investigation of the incident, Klickerr ascertains that the service consumer
has made an abuse
notification, although no serious violation of the conditions and criteria listed in section 6.2 lit
b.), d.), p.), a.) and
r.) occur, Klickerr can reduce the Klickerr fee to the service provider in the future for his/her
concluded service contracts
in order to achieve an appropriate compensation for the loss of the service provider commission.
18. Communication between Klickerr and user:
Klickerr's current contact information is available on the application under the menu item "Help"
The contact information of the user is the data specified in his or her private profile. Any
declarations sent to these
contact details by e-mail shall be deemed to have been delivered on the third day after dispatch,
unless a later access is
proved. Explanations submitted to the user via the Klickerr chat are deemed to have been received as
e-mails at the time of
The user recognizes the effectiveness of notifications via the Klickerr-chat or via email between
him/her and Klickerr or
other users as unambiguously transmitted declarations of intent. Subject to a counter-evidence, a
message via the
Klickerr-chat or an email will come from the owner of the sender's address.
19. Applicable law, jurisdiction and language:
For the entire business relationship between Klickerr and the user, as well as the legal
relationships resulting from these
general terms and conditions, Austrian law shall be deemed to be agreed upon, without prejudice to
any reference standards of
international private law and the standards of the UN purchase law.
Exclusive court of jurisdiction arising from or in connection with the contractual relationship is
Court of Vienna, even after the end of the contract agreement.
For all information and the entire contractual relationship and beyond, as well as the communication
between the user and
Klickerr, the relevant language is German.
20. Changes to Klickerr (GTCs, application, etc.):
The application and the services/uses embedded in it are constantly improved. This means that the
GTCs must also be changed
or updated from time to time. Klickerr reserves the right to change or update these general terms
and conditions (including
the regulation of the Klickerr charges pursuant to section 15.1) at any time. If such changes or
updates are made, Klickerr
will send an email to the user at least two weeks before the change takes effect, or announce the
change of these terms and
conditions on the application, and will update the "Last change" date at the top of the terms and
The user is encouraged to periodically review the Klickerr website (www.klickerr.com) for any
changes or changes to the terms
and conditions, so that he/she is informed about the date of the last modification or update. By
continuing to use the
application after the user has been informed about such changes as described in section 20.1, the
user agrees to these
changes. If the user does not agree to the changed conditions, the user has to terminate the use of
the application and the
services/uses embedded in it according to point 21.2.
As long as the user is using the application, he/she agrees to download and install updates and
extensions of this
application and the services/uses embedded in it - also in an automatic manner.
An adjustment/suspension of the operation of this application and the associated services/uses or a
modification of the
functional scope is possible at any time for Klickerr.
21. Termination of the contract:
The contractual relationship between the user and Klickerr is extended indefinitely.
The possibility to terminate the contractual relationship depends on whether the user has an
provider profile (see section 5.4) or not.
Any user may terminate this agreement at any time without notice and without giving reasons. To do
this, the user has nothing
else to do but delete his/her Klickerr account by pressing the "Delete account" button in the
"Private profile" menu item.
There is no other form of termination necessary (e.g. in text form). In the case of termination,
Klickerr shall promptly
delete all data of the user; a re-activation of the Klickerr account is not possible.
Klickerr is able to terminate the contractual relationship with users without activated service
provider profile or with
users with activated service provider profile, for which no OLS were booked for the future (i.e.
there are no concluded
service contracts, in the Klickerr account under the menu item "Bookings / Upcoming") at any time
without notice and without
In the case of users with activated service provider profile, in which OLS have been booked, but
have not yet been carried
out (i.e. there are already concluded service contracts which can be found in the Klickerr account
under the menu item
"Bookings/Upcoming"), Klickerr can terminate the contractual relationship in compliance with a
4-week notice period at the
end of each month in accordance with item 18 (form of transmission of declarations).
Klickerr has the right to terminate the contract extraordinarily for important reasons. For
Klickerr, there is an important
reason to terminate this agreement, in particular in the case of violations and breaches of duty,
which are listed in section
6.4 of these terms and conditions. In these cases, Klickerr is entitled to block the user for a
specific or indefinite time
or irrevocably delete his/her Klickerr account without terminating the contract.
In the case of the termination of the contractual relationship in accordance with points 21.1 to
21.5, OLSs already booked
at this time, which have not yet been executed (i.e. there are already concluded service contracts
which can be found in the
Klickerr account under the menu item "Bookings / Upcoming"), are cancelled in accordance with the
cancellation provisions of
Once the contract has been terminated, the user will no longer have access to his/her Klickerr
account or his/her user
profile and will no longer be able to view data, messages, files or other user content stored on the
application. Klickerr is
entitled to delete content. Klickerr is entitled to inform other users of the termination of the
with the user. The user is not allowed to register again after an extraordinary termination or
blocking by Klickerr according
to point 21.5. The provisions of point 16 shall remain unaffected by a contract termination.
22. Application via the App-Store:
If the user has an iOS device (e.g. iPhone or iPad) from the company Apple Inc (www.apple.com) and
wants to carry out OLS
via that device, he/she has to download the latest Klickerr app on the Apple App Store and install
it on his/her iOS
device (see section 9.2.3).
The Klickerr app downloaded from the Apple App Store may only be used on iOS devices. These terms
and conditions apply
only between the user and Klickerr and not with Apple Inc. Furthermore, the general terms and
conditions of use of the Apple
App Store must be observed.
Klickerr app maintenance is only done by Klickerr and not by Apple. Apple is in no case a
contracting party. If claims are
made regarding infringement of intellectual property rights of third parties when using the Klickerr
app relating to the
Apple App Store, Klickerr is responsible for the investigation and fulfillment of any claim.
apply in the respectively valid version.
The User agrees that his or her statements from feedback forms may be used for advertising purpose
as a reference.
Klickerr reserves the right to offer the application under a different name. A change of name does
not alter existing
contractual conditions which are accepted and which remain valid after the change of name.
All Klickerr rights and obligations under these general terms and conditions shall be assignable by
Klickerr in connection
with a merger, a takeover, a restructuring or a sale of assets or by law or otherwise freely to any
company associated with
Klickerr, and Klickerr has the right to transfer all information or data of the user to any
affiliated company or successor
or new owner.
Klickerr shall be entitled to the use of performing agents.
Klickerr`s failure to enforce any provision of these general terms and conditions shall
not consist a
waiver of the rights.
Should provisions or parts of provisions of these general terms and conditions be or become invalid,
or for any reason deemed
unenforceable, the remaining provisions shall remain unaffected and shall not affect their validity
and enforceability. In
this case, a provision is applied between the parties which is acceptable in the light of the
circumstances and largely
corresponds to the provisions of the invalid part, taking into account the content and purpose and
the economic and legal
Should a breach of these general terms and conditions constitute a criminal offense, Klickerr shall
cooperate with the
law enforcement agencies.
This application and the services/uses included therein are not intended to be used in any country
where such use would
violate local law or would violate Klickerr rules in another country. Klickerr reserves the right to
restrict the scope of
its application and the services/uses contained therein in any country.
Users have the right to contact Klickerr at any time in order to request information or
correct and delete the
processed direct personal data.
The Central European Time and/or Central European Summer Time (CET / GMT + 1 or CEST /
GMT + 2) apply for all
times, periods, deadlines.
Klickerr can not assure the user that the application is always available or suitable for use in
places outside of Austria.
It is also not possible for Klickerr to provide the user with access to the application and the
therein from areas where the service offer or parts thereof are prohibited. If the user wants to
access the application from
a location outside of Austria, he/she will do so on his/her own initiative and is responsible for
compliance with the
These terms and conditions were written in German. Any translated version will only be provided for
friendliness. If there is a contradiction between any translation of these terms and conditions and
the German version, the
German version shall prevail.
24. Contact Klickerr:
If you have any questions about these terms and conditions or an application applied from the Apple
App Store, please
A.P. Klickerr Ges.m.b.H.
Legal form: Company with limited liability
Alser Strasse 13/1/9
1080 Vienna / AUSTRIA
Commercial register Austria: 447805m
Commercial register court: Handelsgericht Wien
Tax ID: ATU70488448
CEO: Alexander Pressinger