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 its subsidiaries. Please also note our privacy policy.

1. Definitions:

In the following sub-items, the terms most frequently used in these general terms and conditions are explained; Other relevant definitions of these GTCs are described in the respective context on the spot.

1.1 "Klickerr":
A.P. Klickerr Ges.m.b.H., Alserstraße 13/1/9, 1080 Vienna, FN 447805 m, office@klickerr.com, as the owner and operator of the "application".

1.2 "Application":
The platform for the distribution of online live services operated on the website www.klickerr.com and its subsidiaries (see point 1.4).

1.3 "User":
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 video chat (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.

1.8 “Klickerr-chat”:
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 provider.

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 automatically started 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 place.

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 service provider.

1.11 “Klickerr services”:
All services that Klickerr offers in the context of the creation and maintenance of the application.

1.12 “Content”:
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 application), opinions, interactions with other users, comments, feedback, suggestions for improvement, services, recommendations, reviews, 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 4.2).

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:

2.1
A.P. Klickerr Ges.m.b.H (hereinafter referred to as "Klickerr") is the owner and operator of an platform for high-quality services ("application"), which is operated on the website www.klickerr.com and its subsidiaries. The 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").

2.2
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. Service providers can use a public profile to present themselves to service consumers, put online OLS, manage OLS and negotiate conditions for OLS.

2.3
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 communication paths (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 moderate/mediate between users, nor is Klickerr prevented from doing.

3. Scope, object of the contract, contract conclusion and fees:

3.1
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.

3.2
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.

3.3
The contract with Klickerr regarding the use of the application comes about by the completion of the online registration process and the activation of the registration link in the confirmation mail sent by Klickerr (see point 4.2) (hereinafter "registration").

3.4
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.

3.5
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.

3.6
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:

4.1
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.

4.2
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, and privacy policy of Klickerr.

4.3
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.

4.4
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).

4.5
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.

4.6
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.

4.7
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.

4.8
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 immediately in his/her Klickerr account if they change.

4.9
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.

4.10
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.

4.11
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.

4.12
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):

5.1
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.

5.2
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.

5.3
The application enables service providers to offer an OLS on the application. With an activated service provider 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.

5.4
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, country), citizenship, 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.

5.5
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 truthful and complete information and data for the service provider profile and to update these immediately without delay.

5.6
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.

5.7
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.

5.8
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).

5.9
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 applicable general terms and conditions without prior notification by the user and without giving reasons (See section 6.4).

5.10
The user is entitled at any time to delete the private user data specified by him/her and thus also his/her service provider profile. To do this, the user has nothing to do but to press the button "delete account" in his/her Klickerr 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 Klickerr.

6. Mandatory use of the Klickerr account and the services/applications embedded:

6.1
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.

6.2
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 publication.

6.3
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 hatred-provoking or anti-religious content is just as prohibited as the use of a vulgar, obscene or aggressive expression;
  • 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 information;
  • 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 memberships;
  • 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 serve exclusively the description
    • of the person of the user, his/her abilities, education, professional experience and other
    • offered OLS
    and must not contain, in particular, any non-relevant information such as but not limited to advertising campaigns, profit games, etc.;
  • 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 forbidden;
  • 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.

6.4
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 Klickerr account:

  • 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 registration (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 third parties;
  • in the case of breaches of relevant corporate interests;
  • in case of other serious breaches of the general terms and conditions.

6.5
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.

6.6
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 provider:

7.1
On the application, service providers have the option to put OLS online (offer OLS) via the "Host Area"/"Services" 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).

7.2
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.

7.3
When creating an OLS, service providers have to set it up into the given primary and secondary categories. 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 include:

  • 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 data"). 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.

7.4
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

  • 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).
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 service provider 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).

7.5
THE SERVICE PROVIDER GRANTS KLICKERR THE RIGHT TO PUBLISH ONLINE OLS OF SERVICE PROVIDERS AS PART OF THEIR BUSINESS ACTIVITIES WITH MEDIA AND PARTNER CHANNELS AS WELL AS WITH GOOGLE, AND TO PUBLISH THEM FOR OTHER MARKETING PURPOSES OUTSIDE THE PLATFORM.

7.6
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.

7.7
An online OLS is listed on the application as long as the service provider does not delete it or renounce his/her Klickerr account (see point 21.2). In both cases, Klickerr is not obligated to keep or store online OLS (regarding Klickerr account deletion see point 4.12).

7.8
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:

8.1
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).

8.2
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.

8.3
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 service consumer).

  • 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).

8.4
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).

8.5
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.

8.6
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 overlap.

8.7
An OLS may be canceled according to the provisions of item 15.3.

8.8
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 9.3.2.2 to 9.3.2.4, 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 chat:

9.1 General technical requirements:

9.1.1
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 technical minimum 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).

9.1.2
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.:

9.2.1
THE USER AGREES THAT KLICKERR WILL PERFORM THE EXECUTION/USE/PROCESSING OF THE OLS BY THE EXTERNAL SERVICE PROVIDER 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 Temasys-Terms of Service. 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.

9.2.2
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).

9.2.3
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 the WebRTC-compatible 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 to

  • install or download the Google Chrome browser of the latest version on his/her computer or laptop;
  • download the latest Klickerr app from the Apple App Store and install it on his/her iOS device (e.g. iPhone or iPad)
The browser Safari and Chrome can be used in parallel and the Chrome browser can be uninstalled at any time. The Klickerr app is offered by Klickerr free of charge in the Apple App Store.

9.3 Malfunctions, interruptions and failures of the application, the services/uses involved therein, data loss, misinformation, functionality:

9.3.1 General:

9.3.1.1
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.

9.3.1.2
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.

9.3.1.3
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 system maintenance, maintenance, updating or elimination of safety measures of any kind shall be accepted by the user to the extent required.

9.3.1.4
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.

9.3.1.5
Klickerr shall not be liable for loss of profit, loss of data or any other indirect damage caused by misinformation, 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.

9.3.1.6
Klickerr is not liable for errors 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 9.2.3).

9.3.2 Entitlements for interruptions and failures of the live video chat during the execution of an OLS:

9.3.2.1
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 15.1.

9.3.2.2
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.

9.3.2.3
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 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.

9.3.2.4
For service/usage delays and interruptions for a total of 10 minutes or more, or in case of service failures, which 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:

10.1
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 third-party infringements 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 websites, Klickerr will block the link after review.

10.2
The user acknowledges that the terms of use and privacy policy of a linked website deviate from the terms and conditions and privacy policy of Klickerr. For this reason, Klickerr recommends that you read and comply with the privacy policy and terms of use of the linked website.

10.3
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.

10.4
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 rights:

11.1
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.

11.2
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.

11.3
The user is solely responsible for the press-, competition- and other-responsibility for the user content he or she is publishing on the application.

11.4
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 legal@klickerr.com.

11.5
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 6.4.

11.6
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 point.

12. Rights granting:

12.1
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.

12.2
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.

12.3
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.

12.4
Subject to compliance with these terms and conditions, Klickerr grants the user a simple, non-licensable, non-exclusive, 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.

12.5
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:

13.1
The application and the services/uses embedded in it are offered without guarantee for a specific functionality or availability. The scope of the current functionalities is determined by the performance specifications on the application.

13.2
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.

13.3
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.

13.4
The pre-contractual, contractual and non-contractual liability of Klickerr is limited to intent or gross negligence. 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.

13.5
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.

13.6
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 contains service providers that meet the criteria of an OLS desired by the service consumer.

13.7
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, complaints, proceedings, costs, expenses and compensation claims resulting from this service contract.

13.8
The user explicitly agrees that the payment transaction is handled by the external payment provider Stripe (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.

13.9
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.

13.10
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).

13.11
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.

13.12
There is no right to a response or reaction from a contacted user. Each user has the right to ignore contact requests, 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.

13.13
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.

13.14
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.

13.15
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 use.

14. Prices displayed, rounding, billing and taxes:

14.1 Prices of OLS:

14.1.1
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 15.1.

14.1.2
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").

14.1.3
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:

14.2.1
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 the OLS.

14.2.2
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.

14.2.3
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 OLS.

14.2.4
The reference exchange rate is made up of various exchange rates calculated by banks on the foreign exchange market, 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.

14.2.5
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 credit 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.

14.3 Rounding:

14.3.1
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:

14.4.1
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.

14.4.2
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.

14.4.3
After completion of the OLS (see point 9.2), the

  • service consumer receives from Klickerr a confirmation of the transfer as described in point 14.4.2
  • 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).

14.4.4
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 transfer confirmation.

14.5 Taxes:

14.5.1
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.

14.5.2
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.

14.5.3
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:

15.1.1
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 service consumer. The Klickerr fee is paid by the service provider to Klickerr as a deduction from funds owed (see paragraph 2 of item 15.1.2).

15.1.2
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 Stripe (see point 15.2.3) used by Klickerr. The difference is paid out by Stripe to the service provider.

15.1.3
A circumvention of this Klickerr fee by users is prohibited and can be prosecuted (see point 16.).

15.2 Payment, pay out and refunds:

15.2.1
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.

15.2.2
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.

15.2.3
THE USER AGREES THAT KLICKERR PERFORMS THE ENTIRE PAYMENT PROCESSING (INCLUDING THE TRANSFER OF THE KLICKERR FEE) THROUGH THE EXTERNAL PAYMENT PROVIDER STRIPE. PAYMENT PROCESSING IS SUBJECT TO THE STRIPE CONNECTED ACCOUNT AGREEMENT, WHICH INCLUDES THE STRIPE TERMS OF SERVICE (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.

15.2.4
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 9.3.2.2 (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 17.2.5.2. 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 9.3.2.2, 15.3 or 17.2.5.2 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 9.3.2.3, item 9.3.2.4, 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 17.2.5.1 and 17.2.5.3. 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 9.3.2.3, item 9.3.2.4, 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 17.2.5.1 and 17.2.5.3 to the service consumer. Stripe shall be responsible for the payment of amounts pursuant to point 9.3.2.3, item 9.3.2.4, 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 17.2.5.1 and 17.2.5.3 (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.

15.2.5
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 Agreement".

15.2.6
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).

15.2.7
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.

15.2.8
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:

15.3.1
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 originally agreed.

15.3.2
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.

15.3.3
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 service consumer.

15.3.4
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).

15.3.5
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 consumer.

15.3.6
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.

15.3.7
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.

15.3.8
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 OLS.

15.3.9
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.

15.3.10
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 9.3.2.3, 9.3.2.4, 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 17.2.5.3 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:

16.1
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.

16.2
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 legal@klickerr.com.

16.3
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 the form.

16.4
In the event that users enter into a service contract through the application, the users oblige that also (follow-up) 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 project.

17. Rating and reporting of OLS on the application:

17.1 Rating of an OLS:

17.1.1
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 not possible.

17.1.2
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.

17.1.3
A rating can be given by the service consumer in addition to the regulation of item 17.1.1, if

  • 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 15.3.5;
  • 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.

17.1.4
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 his/her ratings 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:

17.2.1
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.

17.2.2
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 legal@klickerr.com (hereinafter referred to as "complaint notification"). It is at the discretion of 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.

17.2.3
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.

17.2.4
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 does 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 in such a case normally without reimbursement to the buyer.

17.2.5 Report abuse by the service consumer, the service provider or by both:

17.2.5.1
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.

17.2.5.2
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.

17.2.5.3
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.

17.2.6
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:

18.1
Klickerr's current contact information is available on the application under the menu item "Help" and "Imprint". 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 dispatch.

18.2
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:

19.1
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.

19.2
Exclusive court of jurisdiction arising from or in connection with the contractual relationship is the Commercial Court of Vienna, even after the end of the contract agreement.

19.3
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.):

20.1
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 conditions.

20.2
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.

20.3
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.

20.4
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:

21.1
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 activated service provider profile (see section 5.4) or not.

21.2
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.

21.3
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 giving reasons.

21.4
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).

21.5
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.

21.6
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 item 15.3.

21.7
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 contractual relationship 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:

22.1
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).

22.2
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.

22.3
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.

23. Others:

23.1
In addition to these general terms and conditions, the privacy policy of Klickerr shall apply in the respectively valid version.

23.2
The User agrees that his or her statements from feedback forms may be used for advertising purpose as a reference.

23.3
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.

23.4
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.

23.5
Klickerr shall be entitled to the use of performing agents.

23.6
Klickerr`s failure to enforce any provision of these general terms and conditions shall not consist a waiver of the rights.

23.7
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 objective pursued.

23.8
Should a breach of these general terms and conditions constitute a criminal offense, Klickerr shall cooperate with the law enforcement agencies.

23.9
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.

23.10
Users have the right to contact Klickerr at any time in order to request information or correct and delete the processed direct personal data.

23.11
The Central European Time and/or Central European Summer Time (CET / GMT + 1 or CEST / GMT + 2) apply for all times, periods, deadlines.

23.12
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 services/uses embedded 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 local laws.

23.13
These terms and conditions were written in German. Any translated version will only be provided for improved user 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 contact Klickerr:

IMPRINT
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
Email: office@klickerr.com

tostos_en
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