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General Terms and Conditions

Last change March 30. 2019
The following General Terms and Conditions (GTC) govern the entire use of the Klickerr platform and its subsidiaries. Please also note our Privacy Policy.

Table of contents

1 Definitions
2 Preamble and range of services by Klickerr
3 Scope, Subject Matter of The Contract, Conclusion of Contract and Fees
4 Klickerr account, registration and useage by users

4.1 General information about the Klickerr account
4.2 Register a consumer account for natural persons without entrepreneurial status
4.3 Register an entrepreneur account for entrepreneurs
4.4 Restrictions regarding the Klickerr account
4.5 Rejection, blocking and deletion of Klickerr accounts and content on it
4.6 Uploading and making available data from the group of "extended user data":
4.7 Duty to provide truthful and complete information and to update
4.8 Inquiry of user activities by the user
4.9 Right to access and edit by Klickerr
4.10 Obligation to backup the data by the user
4.11 Modification and deletion of data of the group "Core User Data", "Private User Data" and "Extended User Data" as well as termination of contract by the user
4.12 Visibility and searchability of user data

5 Additional special provisions for the use of the application by service providers (service provider profile)

5.1 Differences between "consumer account" and "entrepreneur account" of variant A and B
5.2 General information about the service provider profile
5.3 Deletion of OLS by Klickerr
5.4 Creating and deleting a service provider profile for users with a consumer account
5.5 Creating a service provider profile for users with an entrepreneur account of variant A
5.6 Subsequent editing of the service provider profile for users with entrepreneurial status
5.7 Consent to being contacted, use and storage of OLS content
5.8 Upload and use of terms and conditions by users with entrepreneurial status

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

6.1 Prohibition of technical interference
6.2 Obligation to comply with legal and ethical requirements
6.3 Use of the recommendation function
6.4 Rating function and report abuse
6.5 Consequences of improper use of the application

7 Special regulations regarding putting OLS online by the service provider

7.1 General information on the putting live OLS by service providers
7.2 Responsibilities and guidelines for OLS content
7.3 Modification of OLS content
7.4 Use of online OLS for marketing purposes
7.5 Prevention of third party offers disguised as own OLS via link or frame
7.6 Duration of listing of OLS and retention obligation of Klickerr
7.7 Registration of OLS by search engines

8 Service contract, conclusion of contract

8.1 Parties to the contract and content of the service contract
8.2 Conclusion of a service contract
8.3 Limited validity of "Quotation requests" and "Service provider requests”
8.4 Conducting the OLS in the Klickerr Chat - Sending the activation link
8.5 Klickerr's procedure for overlapping OLS
8.6 Cancellation and finalization of service contracts and OLS
8.7 Fulfilment of the pre-contractual information obligations by users with entrepreneurial status towards users without entrepreneurial status when concluding a service contract

9 Technical requirements for using the application, live video chat and availability, malfunctions, interruptions and failures

9.1 General technical requirements
9.2 Special technical requirements when using a device from Apple Inc.
9.3 Conducting the OLS via the Live Video Chat - provisions for implementation
9.4 Activation link and use of the Live Video Chat
9.5 Availability, faults, interruptions and failures of the application or the services/applications integrated therein, data loss, incorrect information, functionality

10 Links to other websites and downloads
11 Trademark rights, copyrights and other proprietary rights

11.1 Recognition of the rights to the application and its contents
11.2 No modification/removal of rights reserved
11.3 Exclusive responsibility of the user for user content and notification obligation
11.4 Information about the identity of the user in case of illegal contents

12 Granting of rights

12.1 Granting of rights by the user
12.2 Guarantee of ownership of rights
12.3 No exploitation of the application or its parts and contents
12.4 Granting of rights by Klickerr

13 Warranty, Compensation and Liability

13.1 General information on Klickerr's warranty, compensation and liability
13.2 Functionality and suitability of the application
13.3 Content on the application and infringement rights of third parties
13.4 Contact initiation and establishment of a contact
13.5 Exclusion of liability for OLS
13.6 Payment processing
13.7 Risk-bearing when using the application, computer viruses and data misuse
13.8 Malfunctions, interruptions and failures
13.9 Use of the application and its services/applications with an external device
13.10 Unauthorized or improper use of login data
13.11 Payouts and refunds
13.12 Links and downloads
13.13 No application of California Civil Code Section No. 1542

14 Indicated prices, roundings, invoicing and taxes

14.1 OLS prices
14.2 Foreign currencys/conversion by Kickerr
14.3 Rounding
14.4 Payment information, booking information, payment confirmation
14.5 Taxes

15 Fees; payment, payout, withdrawals and refunds; cancellation

15.1 Klickerr fee, OLS fee and fixed costs
15.2 Payment, payout, withdrawals and refunds
15.3 Postponement and cancellation of OLS, non-appearance of users, interruptions and cancellations of live video chat by users

16 Prohibition of circumvention, exclusivity

16.1 Prohibition of circumvention
16.2 Exclusivity

17 Rating and reporting of OLS on the application

17.1 Rating of an OLS
17.2 Complaint and abuse report of an OLS

18 Communication between Klickerr and users
19 Applicable law, place of jurisdiction, place of fulfilment and language
20 Modifications at Klickerr (terms and conditions, application, etc.)

20.1 Modification of the General Terms and Conditions by Klickerr
Control over the application, its services and applications

21 Termination of the contractual relationship

21.1 General information on termination of the contractual relationship
21.2 Termination by the user
21.3 Termination by Klickerr
21.4 Procedure for booked but not yet executed OLS in case of cancellation or blocking by Klickerr
21.5 Consequences of termination of the contract
21.6 Right of withdrawal of the customer against Klickerr

22 Out-of-court settlement of disputes
23 Miscellaneous

23.1 Applicability of Klickerr's privacy policy
23.2 Feedback and suggestions
23.3 Change the name of the application
23.4 Contract transfer
23.5 Execution of obligations and exercise of Klickerrs rights
23.6 Enforcement of GTC provisions by Klickerr and lack of enforceability of GTC provisions
23.7 Compliance with the law, cooperation in official inquiries and cooperation with law enforcement authorities
23.8 Use in places outside Austria

24 Contact to Klickerr

1. Definitions:

The following sub-items explain the most important and most frequently used terms in these General Terms and Conditions (hereafter GTC); Other relevant definitions of these GTC 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":

"User" means all users of the application. The term "user" includes both (i) fully legal natural persons who are of legal age, without entrepreneurial status, and (ii) entrepreneurs. Entrepreneur is a natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, acts in the course of his commercial or independent professional activities. All user-relevant provisions of these terms and conditions apply to all users. If the user is also a service consumer (see point 1.6), the service-relevant provisions of these terms and conditions also apply to this user. If the user is also a service provider (point 1.5), the service provider-relevant provisions of these terms and conditions also apply to this user. The specifically entrepreneur-relevant provisions of these terms and conditions apply only to users who are entrepreneurs.

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). This also includes "special offers" created individually by a service provider for a service consumer (see point 8.2.2.2)

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. Service providers can be both non-entrepreneurial and entrepreneurial users.

1.6 “Service consumer”:

Users of the application who have a concrete interest in an OLS provided by the service provider (e.g. by requesting an offer (see point 1.9)). Service consumer is also who has the establishment of contact with a service provider as a goal, in order to inquire his/her OLS. A service consumer can also be a service provider.

1.7 “Live video chat”:

A video chat provided by the external company Temasys Communications Pte Ltd, 80 Amoy St # 02-02, 069899 Singapore to conduct an OLS, which Klickerr has integrated into the application (see point 9.3).

1.8 “Klickerr-Chat”:

A text-based communication tool (available under the menu item "Inbox") for contacting and negotiating a specific OLS between a 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 user request for a specific OLS sent on the application. A new "Klickerr Chat" between the service consumer and the service provider of the requested OLS is automatically started with the completed request for quotation, unless this service provider has already been contacted beforehand by the service consumer and a Klickerr chat is therefore already active. See in detail point 8.2.2.1.

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 or provides as part of the creation and maintenance of the application.

1.12 “Content”:

Denotes all contents shown, including but not limited to, logos, pictograms, trademarks, texts, graphic texts, graphics, photographs, pictures, moving pictures, sounds, illustrations, music, images, videos, 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, comments, reviews, videos and links.

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 (in short "Klickerr-Account"). Two different Klickerr accounts are distinguished: Accounts without entrepreneur property (in short "consumer account") and accounts with entrepreneur property (in short "entrepreneur account"). Within this account the user can create his/her own profile. The Klickerr account serves to present oneself and to be in contact with each other as well as to be able to offer and book OLS.

1.17 “Core User Data”:

The term "core user data" covers the area of data that a user must enter when registering (see points 4.2.1 and 4.3.2 in detail) and which is displayed in the public profile of the user on the application.

1.18 “Additional Entrepreneurial Data”:

The "additional entrepreneurial data" encompasses all country-specific legal information requirements which an entrepreneur must provide, in addition to the core user data which were provided during registration. The "additional entrepreneurial data" are among the "extended user data" (see point 1.19). This includes, for example in the case of branches, information of the principal place of business, the commercial register number and the commercial court, the purpose of the enterprise, the relevent supervisory authority, if the activity is subject to official supervision, etc. (see point 4.6.3).

1.19 “Extended User Data”:

The "extended user data " includes for both user groups (users with and without entrepreneurial status; see point 1.3) data which can or should be provided by the user after successful registration: the "profile photo" uploaded on the public profile, a "title picture", all information which the user provides in the free text field "About me" or the company description, links to social media profiles or a user's homepage as well as the language skills provided by the user (see point 4.6). For entrepreneurs, "additional entrepreneur data" (see point 1.18), which can be entered in the free text field "additional entrepreneur data", as well as uploaded general terms and conditions for entrepreneurs (see point 5.8) are also included in the " extended user data".

1.20 “Private User Data”:

The "private user data" mainly includes data which the user has to disclose or must make available for the use of certain functionalities of the Klickerr application so that a payout of funds to the user (e.g. the total service provider price minus the Klickerr fees) is possible. Private user data are not publicly available and are not visible to other users. These include, for example, the gender and e-mail address of a non-entrepreneur, payout-specific data (see point 1.26), prevention information (see point 1.27), information of the responsible person for an enterprise, information on direct beneficial owners of an enterprise or country-specific payout information.

1.21 “Personal User Data”:

The group of "personal user data" comprises the group of "core user data" (see point 1.17) and the group of "extended user data" (see point 1.19) including the "additional entrepreneurial data" (see point 1.18) for entrepreneurs.

1.22 “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.

1.23 “Total price”:

"Total Price" means the gross price in the local currency of the service provider, including VAT applicable to the provision of OLS (if applicable to the service provider), any other taxes, duties and charges, and the Klickerr fee according to point 15.1.

1.24 “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.

1.25 “Total service consumer price”:

The price relevant for the service consumer, which is deemed agreed for the OLS and results from the total price converted into the national currency of the service consumer using the reference exchange rate (see point 14.2.3.2), including any rounding pursuant according to point 14.3.1.

1.26 “Payout-specific data ”:

Data that a non-entrepreneurial user with a service provider profile must provide to Klickerr so that the total service provider price for completed OLS (less the Klickerr fee) or other amounts due to the service provider can be paid out. These are: the exact residential address (city/town, street, house number, postcode), date of birth and country-specific payout information (e.g. IBAN). The payout-specific data belongs to the group of "private user data".

1.27 “Prevention information”:

Information about the service provider which the external payment service provider Stripe may request during processing and before making payments in accordance with point 15.2.4.1 and which must be provided by the service provider in order to comply with money transfer security guidelines and to ensure the prevention of crime financing and the like. This includes, for example, requesting a digital copy of a valid passport or country-specific identification numbers. The prevention information belongs to the group of "private user data".

2. Preamble and range of services by Klickerr:

2.1

The A.P. klickerr Ges.m.b.H. (hereinafter referred to as "Klickerr") is the owner and operator of an online platform for high-quality services (hereinafter referred to as the "Application") operated on the website www.klickerr.com and its subsidiaries. The application enables 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 (see point 1.8) and to achieve a consensus of wills, which leads to the execution of a service contract (see point 1.10). The corresponding OLS is carried out within the live video chat (see point 1.7) and the payment and payout of the OLS is handled by an external payment provider. Conumsers/customers/clients ("Service consumers" see point 1.6) can, in particular, view online OLS, compare service providers, submit requests for quotation and evaluate service providers. Service providers (see point 1.5) 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 encouraged to do so.

3. Scope, Subject Matter of The Contract, Conclusion of Contract 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 or 4.3) (hereinafter "registration").

3.4

The reciprocal rights and obligations between Klickerr and a user are determined exclusively by the content of these General Terms and Conditions, unless clearly agreed otherwise in writing by both contractual partners. Deviating, conflicting or supplementary General Terms and Conditions of users shall not become an integral part of the contract with Klickerr, even if known. With regard to the use of General Terms and Conditions by users with entrepreneurial status, point 5.8 is relevant.

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

Klickerr also reserves the right to temporarily or permanently adapt, restrict or deactivate individual functions of the application at any time and without prior notice.

3.7

The user is responsible for all data tariffs of his/her provider as well as all other fees and taxes associated with the use of the application and the services/applications integrated therein. The use of the application itself is free of charge for users. If a service contract has been concluded in accordance with these General Terms and Conditions, the Klickerr fee is due in accordance with point 15.1.1.1.

4. Klickerr account, registration and useage by users:

4.1 General information about the Klickerr account:
4.1.1

Klickerr allows you to register on the application, to connect with other users and to offer and book OLS. There is no entitlement to use the application and the services/applications included therein.

4.1.2

People (referred to in Klickerr's privacy policy as "data subject") can browse and view OLS in the respective service categories specified by Klickerr without registration. Upon completion of registration, the user is provided with a Klickerr account on which the user can create his/her own public profile ("public profile") and use the Klickerr chat. Contacting another user, making requests for quotations (see point 8.2.2.1) or requests from service providers (see point 8.2.2.2), concluding service contracts (see point 8), and rating an OLS (see point 17.1) are only possible after registration has been completed.

4.1.3

Excluded Users: Use of the application and its services/applications is prohibited to users who live in a restricted country or who are currently listed on any US or non-US block list. In addition, the user may not use IP proxying or other methods to disguise his/her place of residence.

4.1.4

The registration is made for an indefinite period via an online registration form at www.klickerr.com. There are two different Klickerr accounts ("consumer account" (see point 4.2) and "entrepreneur account" (see point 4.3)).

4.1.5

The user is obliged to truthfully state whether this is an account without entrepreneurial status ("consumer account"; see point 4.2) or an entrepreneur account; (see point 4.3).

4.2 Register a consumer account for natural persons without entrepreneurial status:
4.2.1

The "consumer account" is for natural persons who are fully competent to do business (especially also of full age), what they confirm by the registration, and they have no entrepreneurial status (see point 4.3.1). For registration, the first name, last name and country of residence (this data belongs to the group of "core user data") and the gender and a valid e-mail address of the user are required (gender and e-mail address of a user without entrepreneurial status belong to the group of "private user data").

4.2.2

In addition to providing the data according to point 4.2.1, for the registration also the indication of a desired personal password - which can be selected by the user without entrepreneural status - is necessary. Other data (eg profile picture, language skills, personal description, links to personal social media profiles or a homepage of the natural person without entrepreneurial status, etc) can subsequently be provided voluntarily (these other data belong to the group of "extended user data", see point 4.6).

4.2.3

After confirming the registration by clicking on the registration link sent by Klickerr by e-mail, the registration is complete. Upon successful registration, Klickerr will provide the user without an entrepreneurial status with a consumer account. Thus, the user without entrepreneurial status is entitled to use the area of the application accessible with his/her e-mail address and password on the basis of Klickerr's General Terms and Conditions and Privacy Policy.

4.3 Register an entrepreneur account for entrepreneurs:
4.3.1

Users with entrepreneurial status are required to create an entrepreneur account. Only entrepreneurs with a valid VAT identification number ("UID number") can perform such a registration; Entrepreneurs without UID numbers are excluded from using the application.

Entrepreneur is a natural or legal person or a legal partnership, who acts in the course of a legal transaction in the exercise of their commercial or self-employed professional activities. Entrepreneurs can choose between two different variants or account types when registering:

  • Variant A: Registration as a customer (here the entrepreneur can not create or offer OLS on the application, see point 5.1.3);
  • Variant B: Registration as a provider (here the entrepreneur can create or offer OLS on the application, see point 5.1.2).

For variant A ("customer registration"), users with entrepreneurial status must provide the following data during registration:
a.) Details of the company:

  • Company name;
  • Legal form;
  • Place of business (country where the head office is located);
  • Exact geographical address of the registered place of business;
  • Indicate whether it is a sole proprietorship;
  • Sales tax identification number;
  • Business phone number.

b.) Details of the responsible person at the company (in the following "contact person" ): first and last name, gender, date of birth and exact contact address consisting of country, postal code, city and address and e-mail address.
c.) Information on all direct beneficial owners. This is the case when the following economic thresholds are reached: In the case of a shareholding of more than 25% or a holding a stake of more than 25%, or with corresponding (sufficient) voting rights, or with control over the management. All three variants exist on an equally important level. The information is: first and last name, date of birth and exact contact address consisting of country, postcode, city and address and e-mail address. The user must indicate at least one beneficial owner.

In the case of a sole proprietorship, the beneficial owner shall be the owner of the business.

For variant B ("provider registration"), users with entrepreneurial status must enter the following data in addition to the data for variant A when registering:
d.) Specification of the contract language, which can only be German or English.
e.) Country-specific bank information: eg IBAN code.

4.3.2

Data according to points 4.3.1 (a) and (d) belong to the group of "core user data". Data according to points 4.3.1 lit b), lit c) and lit e) belong to the group of "private user data". In addition to the specification of the data within the meaning of point 4.3.1 (lit. a to lit. e), the entry of a desired personal password - which can be selected by the user him/herself - is also necessary for the registration. Other data (such as the profile picture, language skills, a company description, "additional entrepreneurial data" [see point 4.6.3]) as well as links to social media profiles or a company homepage (see point 4.6.4) can/should be provided after successful registration (these belong to the group of "extended user data", see point 4.6).

4.3.3

The natural person who creates an entrepreneur account (e.g. the contact person within the meaning of point 4.3.1 lit b) assures Klickerr that he/she has been authorised or commissioned by the user with entrepreneurial status to carry out the respective action and to act legally for the company.

4.3.4

After confirming the registration by clicking on the registration link sent by Klickerr by email, Klickerr will carry out a "verification" (see point 4.3.5). Only after this verification is the registration completed. Upon successful registration, Klickerr will provide the user with entrepreneurial status with an entrepreneur account. Thus, the user with entrepreneurial status is entitled to use the scope of the application accessible with his/her email address and password on the basis of Klickerr's terms and conditions and privacy policy.

4.3.5 "Verification"

The user with entrepreneurial status entitles Klickerr to conduct any investigation that Klickerr deems necessary for the purpose of authentication or verification of identity or fraud prevention, either directly or through third parties (e.g. Stripe), which also includes requesting and obtaining relevant information from state authorities and agencies.

This includes the verification of the data specified in point 4.3.1 (a) and (c) and the comparison of the information provided, in particular concerning the name or company according to the commercial register, exact geographical address and VAT identification number, with third-party databases.

Only after positive verification is the entrepreneur account activated.

4.4 Restrictions regarding the Klickerr account:
4.4.1

Users are not permitted to create and own more than one active consumer account and entrepreneur account. The user must log in each time he/she uses the application with the user data (e-mail address and password) specified during the initial registration.

4.4.2

In addition, no accounts may be created for third parties or non-existent (natural or legal) persons.

4.4.3

The Klickerr account is user-bound and may not be transferred to a third party without the express written consent of Klickerr.

The user agrees to, that the e-mail address specified during registration will not be transferred to a third party.

4.4.4

The user is responsible for ensuring that the password belonging to the registered e-mail or his/her first and last name or corporate/company name is not made accessible to third parties. In the case of an entrepreneur account (see point 4.3), the authorization to use the application applies to the contact person specified by the company when registering. Furthermore, the user data may only be passed on to other employees of the entrepreneur.

The user takes full responsibility for all actions taken using his/her e-mail address in conjunction with his/her password.

In the event of the loss of the password or in the case of suspicion that a third party is aware of this or uses the user's Klickerr account, the user must notify Klickerr immediately and immediately change his/her password in order to prevent access by unauthorized persons.

4.5 Rejection, blocking and deletion of Klickerr accounts and content on it:
4.5.1

A claim for registration and use of the application does not exist. Klickerr reserves the right to refuse the registration of particular users without giving reasons. An entrepreneur account is activated in particular only after positive verification (see point 4.3.5).

4.5.2

Klickerr has the right at any time, especially in the following cases, to give the user extraordinary notice or to block the user for a specific or indefinite period (see point 21.3.3):

  • for violations of the obligations and requirements of points 6.1, and 6.2;
  • in the event of (presumed) false information (in particular first and last name or company details) during registration (for example, no Klickerr accounts may be created for third parties or non-existent persons;
  • in case of suspected or recognizable misuse of the application or harassment of third parties;
  • in case of suspected or apparent misuse of the cancellation function just before or during OLS in the Live Video Chat;
  • in case of a report of abuse (see point 17.2.2);
  • in the case of several negative ratings/reviews (see point 17.1) of the service provider, especially if he/she does not comply with the quality expectations and objectives of Klickerr;
  • in case of violations of relevant corporate interests;
  • for other serious violations of the General Terms and Conditions, like point 16.
4.5.3

In case of blocking or deletion according to point 4.5.2, Klickerr is not obligated to store or restore contents or data of the Klickerr account (in particular profile data).

4.6 Uploading and making available data from the group of "extended user data":
4.6.1 Data and contents of the "extended user data" group:
4.6.1.1

The group of "extended user data" includes (applies both to users with a consumer account and entrepreneurial status): the

  • "profile picture" and a "cover picture" (the current specifications for minimum size, maximum size, permitted file extensions, etc. can be found in the "Hel-FAQ" section of the application);
  • a free text field ("About me" or "Company description"), which the user can use to describe his/her person or the company as well as the skills, knowledge, training, professional or company experience and other knowledge;
  • links to social media profiles or a user's homepage (see point 4.6.4 in detail); and
  • a point "Languages", under which the user can specify in which language communication is possible (this has no connection with the "contractual language"; see Section 4.3.1 lit. d).

Entrepreneurs (users with an entrepreneur account) also include the "additional entrepreneur data" (see point 4.6.3), which can be entered in the free text field "additional entrepreneur data", as well as their uploaded corporate terms and conditions (see point 5.8) to the group of "extended user data".

4.6.2 Decision on the input of "extended user data":
4.6.2.1

The decision as to whether and which "extended user data" will be uploaded to their public Klickerr account, with the exception of the "additional entrepreneur data" for users with entrepreneurial status, is left to the user alone and is entirely optional and voluntary.

4.6.2.2

Users with entrepreneurial status are obliged by law to enter or indicate the "additional entrepreneurial data" of point 4.6.3 (this does not include any uploaded corporate general terms and conditions according to point 5.8) in order to fulfill the country-specific statutory information obligations applicable to them.

4.6.3 Additional company data to be provided by users with entrepreneurial status:
4.6.3.1

The "additional entrepreneurial data" encompasses all country-specific statutory information obligations which an entrepreneur must additionally provide in addition to the data of point 4.3.1 provided during registration in order to fulfill these legal obligations and must indicate them in the free text field "additional entrepreneurial data". Corresponding country-specific information obligations exist in particular if the entrepreneur registers as a provider (see point 5.1.2).

4.6.3.2 The additional entrepreneurial data regularly include:
  • Commercial register number and commercial register court (if available);
  • Object of the company;
  • Information if the company is in liquidation;
  • Type of liability for cooperatives;
  • The same information for branches as for the headquarters;
  • Company e-mail address;
  • Additional contact options: eg fax;
  • The competent supervisory authority, if the activity is subject to official supervision;
  • Membership of a business chamber organization, a professional association or similar organization to which the entrepreneur belongs;
  • The professional title and country in which it was awarded, as well as a reference and access to the applicable professional or trade regulations;
  • Voluntary codes of conduct or dispute settlement to which the entrepreneur submits;
  • Managing Director, members of the Management Board and Supervisory Board and shareholders whose contribution exceeds 25%.

It is up to the user with entrepreneurial status to inform himself about which statutory information requirements are needed - especially when registering as a provider (variant B) - and to ensure that these are provided in full. Klickerr does not take any obligation to verify the correctness and completeness of the information provided. Any penalties imposed for infringement of these duties of information or any damage caused thereby shall be borne by the user.

4.6.4 Links to social media profiles or a user's homepage:
4.6.4.1

The user has the possibility to link to already created and existing profiles on social media platforms of third parties (e.g. Facebook, Twitter, Instagram, Linkedin, etc.) or also to his/her own homepage by entering appropriate links in his/her Klickerr account. The input of such links is limited to social media platforms for which a corresponding input field is provided in the Klickerr account; the user can only enter a homepage. The links entered by the user are made visible on the public profile by means of corresponding social media or homepage buttons.

4.6.4.2

The user acknowledges that by entering links in accordance with point 4.6.4.1 and placing them online, the social media profile and/or homepage specified by him/her can be called up/viewed by users (as well as all natural persons visiting the application in general) by clicking on the corresponding social media or homepage button.

4.6.4.3

If the user links to his or her own homepage, the user undertakes to comply with the applicable data protection regulations and to ensure that existing information obligations are completely fulfilled.

4.7 Duty to provide truthful and complete information and to update:
4.7.1 General duty to provide truthful information:
4.7.1.1

The user (with or without entrepreneurial status) is obliged to provide only truthful and complete information and data for all information and data provided by him/her in connection with his/her Klickerr account, in particular during registration, when providing extended user data (see point 4.6.1), when providing additional company data (see point 4.6.3) and when providing payment-specific data (see point 15.2.5), and to update these immediately in the event of subsequent changes.

4.7.2 Special duty to truthfully indicate VAT identification numbers:
4.7.2.1

Users with an entrepreneur account hereby confirm and warrant that: (i) that the VAT identification number you have provided in accordance with point 4.3.1 (a) has been granted to the company you operate and that this company has its registered office in a member state of the European Union; (ii) that all OLS are completed in the course of the business and are actually handled by the company for which the VAT identification number has been issued, and stated to Klickerr; and (iii) that the VAT Identification Number and any other information is true, accurate and current, and that in the event that such information changes, such information will be immediately updated on the Klickerr account.

4.7.3

In particular, the user must ensure that his/her e-mail address is up to date (see points 4.11.1 and 18.3) and that the user can be contacted at the specified e-mail address.

4.8 Inquiry of user activities by the user:
4.8.1

Users have the possibility to inform about activities such as:

  • booked OLS (future, past and canceled, both as a service consumer and as a service provider);
  • created OLS (online and drafted);
  • requests for quotation (see point 8.2.2.1);
  • service provider enquiries (see point 8.2.2.2);
  • payment, cancellation and booking information (see point 14.4.1);
  • ratings received (only service providers, see point 17.1); to see in the Klickerr account in the sections "Bookings", "Offers" and "Inbox".
4.8.2

Klickerr reserves the right, at any time and without prior notice, to temporarily or permanently adapt, restrict or deactivate any of the functions mentioned in point 4.8.1.

4.9 Right to access and edit by Klickerr:
4.9.1

Klickerr is entitled to view all user-content and data entered by the user on their Klickerr account for technical product optimization purposes at any time.

4.9.2

Klickerr also has the right to edit the user-content and data entered in the Klickerr account, which are publicly accessible (not data of the group of "private user data"), for the purpose that the content and data can be displayed correctly and viewed and retrieved worldwide on any device (computer, laptop, tablet, mobile phone, etc).

4.10 Obligation to backup the data by the user:
4.10.1

The servers of Klickerr are regularly backed up carefully.

Regardless of this, the user is obliged to periodically back up all data (in whatever form) which he/she enters and uses in connection with the use of the application (e.g. data of the group "personal user data", "extended user data", descriptions of OLS, etc.) or which Klickerr sends (e.g. booking information) to the required extent or to make back-up copies.

4.11 Modification and deletion of data of the group "Core User Data", "Private User Data" and "Extended User Data" as well as termination of contract by the user:
4.11.1

The user cannot change or update data of the group "core user data" and "private user data" independently in his/her Klickerr account.

To change the data of the group "core user data" as well as "private user data", the user must contact Klickerr (the current contact information of Klickerr can be found on the application under the menu item "Imprint") and notify Klickerr of the desired changes. For users with entrepreneurial status, the provisions of point 5.6.1 (necessity of "re-verification") are also relevant and to be observed, unless only a change of the e-mail address provided during registration is requested (see point 18.3). For service providers with a consumer account, the provisions of point 15.2.5.4 (necessity of re-verification of "payment-specific data") may also apply.

4.11.2

The user is entitled to change and delete at any time the data from the group "extended user data" (including the group of "additional corporate data", including any uploaded GTC of users with entrepreneurial status [see point 5.8]).

4.11.3

Furthermore, the user is entitled to terminate the contractual relationship at any time without observing a period of notice and without giving reasons in accordance with the provisions of point 21.2.

4.12 Visibility and searchability of user data:
4.12.1

The group of "core user data" (see point 4.2.1 or 4.3.1) and the group of "extended user data" (see point 4.6) together form the group of "personal user data".

4.12.2

The group of personal user data can be viewed automatically by all natural persons or by means of search queries on the application, since these are displayed in the public profile of the user on the application. Klickerr provides natural persons and especially service consumers with free access to all data in the group of personal user data.

Third parties may access, use and save content that has been posted or uploaded by the user to his or her Klickerr account's "public profile", including the owner's details for a sole proprietor (group of personal user data).

4.12.3

In addition, it is essential that websites, and thus also the application and its content, are crawled by search engines, i.e. their content, so that Internet users can see the appropriate results when entering search terms.

The user gives his or her consent for content that has been posted or uploaded by the user to his or her Klickerr account's "public profile", including the owner's details of a sole proprietor (group of "personal user data"), to be recorded, indexed and made accessible by search engines via their website.

5. Additional special provisions for the use of the application by service providers (service provider profile)

5.1 Differences between "consumer account" and "entrepreneur account" of variant A and B:
5.1.1

Users with a "consumer account" (without entrepreneur status) can only put OLS on the application after performing a "provider registration" on their Klickerr account ("activated service provider profile", see point 5.4.1).

5.1.2

Users with entrepreneurial status, who have chosen variant B (provider registration) during registration (see point 4.3.1), already have an activated service provider profile with their successful registration, which entitles them to put OLS online to the application.

5.1.3

Users with entrepreneurial status who have chosen variant A (customer registration) during registration (see point 4.3.1) can not put OLS on the application. In order to be able to put OLS on the application, a registration of variant B (provider registration) is mandatory (see point 4.3.1). A subsequent extension of the entrepreneur account to include a service provider profile is not possible. See point 5.5 for details.

5.1.4

OLS can only be offered by means of the functions provided on the application and within the service categories specified by Klickerr.

5.2 General information about the service provider profile:
5.2.1

The application enables users to present and connect, as well as the placement of service providers and service consumers for OLS that are provided online through live video chat (see point 9.3). For this, Klickerr and third-party providers (of services/applications integrated on the application) provide users with the necessary infrastructure (see also point 2.3).

5.2.2

The application enables service providers to create OLS and offer them online on the application. With an "activated service provider profile" on his/her Klickerr account, the service provider has the option of putting one or several OLS online per service category. For putting online OLS in particular point 7 is pertinent and should be noted.

5.2.3

User negotiate the content of their OLS independently with each other. Klickerr only provides user with the necessary infrastructure, but is not itself an active intermediary between the users and does not act as a substitute or vicarious agent of a user. Klickerr does not become a party to a service contract concluded between the service consumer and the service provider (see also point 8.1.1).

5.3 Deletion of OLS by Klickerr:
5.3.1

In order to guarantee the quality of the application, Klickerr is entitled at any time without prior notification of the user and without giving reasons to change and delete OLS placed online, which also includes the right to cancel OLS until the start of the agreed time for the execution of the OLS. This right to modification and deletion is particularly (but not only) permissible in the cases described in point 4.5.2.

5.3.2

In case of a deletion according to point 5.3.1, Klickerr is not obliged to keep the contents of the OLS or the Klickerr account (in particular profile/account data).

5.4 Creating and deleting a service provider profile for users with a consumer account:
5.4.1

For the activation of non-entrepreneurial users as a service provider, a consumer account (see point 4.2.1) is necessary. In order to be able to create and offer OLS as a service provider, the user without entrepreneur status just has to perform a "provider registration" in his consumer account. For the registration as a service provider (provider), the user without entrepreneur status has not to provide Klickerr any additional information or data. Such information shall only be provided by the user without entrepreneurial status if a payment according to point 15.2.5 is desired, for which the user must also actively give his/her consent. After actively confirming that the user without entrepreneurial status is fully capable of acting (see point 4.2.1) and has a bank account in the country of residence indicated at registration, the service provider profile is activated immediately by pressing the button "Create account" and the user without entrepreneurial status has an "activated service provider profile".

5.4.2

The user without entrepreneurial status is entitled to delete his/her service provider profile at any time in accordance with the provisions of point 21.2.

A once activated service provider profile according to point 5.4.1 can no longer be converted or reduced to a simple "consumer account" according to point 4.2.1.

5.5 Creating a service provider profile for users with an entrepreneur account of variant A:
5.5.1

In order to be able to create and offer OLS as a user with an entrepreneurial status and thus to be able to act as a service provider, registration as a provider (variant B of point 4.3.1) is required. A subsequent extension of an existing entrepreneur account of variant A to an entrepreneur account of variant B is not possible.

5.5.2

If a user with an entrepreneurial status with an entrepreneur account of variant A wants to put OLS online on the application, he/she has to terminate his/her entrepreneur account according to point 21.2 and in a second step conduct a provider registration according to point 4.3 .1. In the event of such termination all relevant provisions (eg deletion of existing data, etc.) shall apply without restriction.

5.6 Subsequent editing of the service provider profile for users with entrepreneurial status:
5.6.1

To change the data in the "Core user data" and "Private user data" groups, the user with entrepreneurial status must contact Klickerr (Klickerr's current contact information can be accessed on the application under the "Imprint" menu item) and inform the application of the desired changes. In such a case, a re-verification in accordance with point 4.3.5 is mandatory - unless only a change of the e-mail address provided during registration is requested (see point 18.3) ("Re-verification").

An activated service provider profile of a user with entrepreneurial status can - with the exception of the data of the group of "extended user data" (see point 4.6) - no longer be edited by this service provider and also requires a new verification, unless only a change of the e-mail address specified during registration is requested.

5.6.2

For the period of the re-verification the service provider profile of the user with entrepreneur status is temporarily deactivated and no OLS can be put online. If, during the period of the re-verification, a service contract for an already existing OLS is concluded, it will be processed by Klickerr and third parties, who are involved in this application (eg payment provider), on the basis of the old verified core user data or private user data until the new verification is processed.

5.7 Consent to being contacted, use and storage of OLS content:
5.7.1

The service provider agrees with the creation of a service provider profile or the registration of an entrepreneur account of variant B and the putting online of an OLS to being contacted and to receive request for quotations by service consumers.

5.7.2

Klickerr allows users and natural persons to access OLS without charge. The service provider agrees with the creation of a service provider profile or the registration of an entrepreneur account of variant B and the putting online of an OLS, that all content of OLS, which were put online by the service provider on the application, are accessed and saved/stored by users and natural persons.

5.8 Upload and use of terms and conditions by users with entrepreneurial status:
5.8.1 Recognition of the Klickerr Terms and Conditions:
5.8.1.1

If the service provider with an entrepreneur account offers OLS on the application, he/she acknowledges and agrees that the Klickerr GTC, in particular with regard to cancellations and refunds, which were published on the application at the time of the corresponding conclusion of the service contract, apply.

5.8.2 Admissibility of uploading Terms and Conditions for a corporate seller:
5.8.2.1

User with entrepreneurial status may upload their own terms and conditions ("Entrepreneur's Terms") to Klickerr and have them added to contract terms in addition to these terms and conditions (by Klickerr) when concluding a service contract. Prerequisite for this is a registration as provider (variant B of point 4.3.1). The corporate seller terms and conditions are displayed in the public entrepreneur profile.

For entrepreneurs (users with an entrepreneur account), the uploaded entrepreneur terms belong to the group of "extended user data". For completed service contracts, only the entrepreneur terms and conditions of the service provider apply, but not any entrepreneur terms and conditions of the service consumer.

5.8.3 Illegal content of uploaded Terms and Conditions of a corporate seller:
5.8.3.1

General terms and conditions of users with entrepreneurial status may under no circumstances contradict the general terms and conditions of Klickerr and may not violate applicable law. In particular, these uploaded company Terms and Conditions may not contradict the provisions of points 15.3.2, 15.3.3.
In the case of conflicting provisions of the entrepreneur's terms and conditions with terms and conditions of Klickerr, the latter proceed.

5.8.3.2

Cancellations, and revocations as well as (partial) refunds of OLS of the service provider have to be in accordance with these terms and conditions (see in this regard point 15.2.7), which were published on the application for the respective conclusion of the service contract.

5.8.3.3

Klickerr is entitled to inform users that these terms and conditions apply to OLS offered by the service provider.

5.8.3.4

Klickerr is further entitled, after prior information of the user with entrepreneurial status with a provider account, to remove uploaded business terms and conditions if they violate point 5.8.3.1 or 5.8.3.2.

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

6.1 Prohibition of technical interference:
6.1.1

Procedures which are potentially suitable for violating network or system security or for manipulating, obstructing or impairing the operation of the application or the underlying technical infrastructure and its functions/access possibilities are prohibited and are prosecuted under civil and criminal law ("proscribed practices").

6.1.2

Among the proscribed practices of point 6.1.1 are:

  • the use or insertion of software, viruses, trojans, robots, scripts or databases in connection with the use of the application;
  • the blocking, overwriting, modification, copying of data and/or other contents, as far as this is not necessary for the proper use of the application.
6.2 Obligation to comply with legal and ethical requirements:
6.2.1

When using the application, the user can make use of various services. This includes the sending of messages to other users via the Klickerr chat and the posting of own contents, especially contents which concern OLS or the public profile (see point 4.12.2) of the user (e.g. pictures, texts). Klickerr is not obliged to check or control content provided by the user (including content transmitted between users, for example in Klickerr chat and live video chat).

When using the application, the user is bound to comply with these GTC and applicable law, in particular criminal law, competition law, personal rights, trademark rights, copyright and ancillary copyright, data protection law, youth protection law, etc., and expressly agrees and confirms to be solely responsible for the protection of the rights of third parties to all content that he/she loads onto his/her Klickerr account or makes available via the application (including Klickerr chat and live video chat) and assures to have all and transferable rights of use and exploitation of all published, distributed and made available contents as well as in particular also the consent of any persons depicted for publication.

6.2.2

User content that the user publishes on the application or his/her Klickerr account (for example in his/her public profile or in offered OLS) or that is exchanged via the Klickerr Chat and the Live Video Chat must not impair the interests of Klickerr and must meet the following conditions and criteria (these are referred to as "inadmissible content"):

  1. The reputation of Klickerr contrary contents are forbidden;
  2. Defamatory, degrading or offensive content is prohibited;
  3. Content must not violate any applicable laws or morality;
  4. The dissemination of offensive, pornographic, harmful to young people, abusive, inciting, racist, violent or hateful content or content that violates religious freedom is prohibited as well as the use of vulgar, obscene or aggressive language;
  5. All content that the user publishes or distributes on and via the application, such as in particular in his/her public profile or in offered OLS, must correspond to the truth, must be kept up-to-date and may not contain inaccurate or misleading information;
  6. The advertising of other competing platforms is prohibited. It is not permitted to refer to or link to competitor websites of Klickerr, other content created by competitors of Klickerr or other content containing textual, pictorial or contextual references to competitors of Klickerr;
  7. Public user profiles or online OLS for pure marketing purposes of the user, without real service intention, are forbidden. It is also forbidden for users to advertise club and club memberships and the like;
  8. The sending of messages with advertising content without the consent of the addressee (in particular spam messages) is prohibited;
  9. All user-contents including uploaded pictures (in the public profile or in the offered OLS) have exclusively the purpose of describing and presenting
    • the person or company of the user and his/her abilities/competences, education/expertise, professional experience/experience, other knowledge, etc.
    • the OLS offered
    and in particular may not contain any external information such as promotions, sweepstakes, etc.;
  10. User-content, which users exchange before conclusion of a service contract over the Klickerr chat, have to serve exclusively the finding of a mutual will agreement over an OLS and its execution and completion;
  11. All user-content in the public area of the Klickerr account or in offered OLS must be directly visible to third parties. The user's own tracking codes and interactive elements are not allowed;
  12. Users are prohibited, as presumed service consumers or presumed service providers, from making requests for quotations or discontinuing OLS which are not intended to be fulfilled;
  13. Users are prohibited from put online duplicates of OLS;
  14. Users may not create Klickerr accounts through unauthorized or automated means;
  15. The collecting of information from or about users of the application in any unauthorized or unwarranted manner is prohibited;
  16. Only the parties to the service contract, including their employees, may participate in the live video chat;
  17. Conducting an OLS by the service provider without real service intention is forbidden;
  18. The service provider may only offer and perform OLS that he/she is qualified to perform according to his/her knowledge, skills or abilities;
  19. Links according to point 4.6.4 are only permitted to social media profiles and/or a homepage of the respective user without exception.
6.3 Use of the recommendation function:
6.3.1

In the event that the user informs third parties about 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 receive the message.

6.4 Rating function and report abuse:
6.4.1

Klickerr provides a rating system on its application that allows users to express their opinions about service providers and services with whom they have performed an OLS. Detailed regulations for the evaluation of OLS on the platform can be found in Section 17.1 of these GTC.

6.4.2

Furthermore, in the event of a serious infringement of individual rights, Klickerr offers service consumers and service providers the possibility of filing an abuse report in accordance with point 17.2.2.

6.5 Consequences of improper use of the application:
6.5.1

The user indemnifies and holds Klickerr harmless against all claims, which arise Klickerr due to the prohibition of technical influence (point 6.1), the rights of third parties (point 6.2.1) or due to illegal content (point 6.2.2) (see point 13.3.2).

6.5.2

Klickerr has the right in particular in the cases described in point 4.5.2, to change and delete user content and OLS from the Klickerr account, which also includes the right to cancel OLS until the start of the agreed time for the OLS execution and/or to cancel the user extraordinarily or to block the user for a certain or indefinite time (see point 21.3.3). The latter case also includes the right to cancel an OLS to which this user is a contracting party in accordance with point 21.4.3.

7. Special regulations regarding putting OLS online by the service provider:

7.1 General information on the putting live OLS by service providers:
7.1.1

Service providers may be both natural persons without entrepreneurial status (see point 4.2) and persons with entrepreneurial status (see point 4.3). To be a service provider, both require an activated service provider profile (see in general point 5.1 and in particular point 5.4.1 and point 5.5). Service providers then have the option of creating, offering or put OLS online on the application via the "Seller Area" / "Offers" and edit them.

7.2 Responsibilities and guidelines for OLS content:
7.2.1

The Service provider is responsible for entering and uploading or making available flawless, suitable content for his/her OLS. The OLS published via the application do not represent Klickerr's opinion and their contents are not checked by Klickerr for their legality, legal conformity, correctness and completeness; however, Klickerr has the right to randomly check them.

7.2.2

When creating an OLS (including OLS created individually for service customers in the form of a "special offer"; see point 8.2.2.2), service providers must enter these in the specified main and sub-categories and describe them as comprehensively and truthfully as possible for service customers in the fields provided for this purpose and in compliance with point 6.2.

The service provider is obliged to enter all necessary and essential characteristics of the OLS for the conclusion of a service contract ("OLS obligation data").

It is not possible to place an OLS online without entering these "OLS mandatory data". These "OLS obligations" include:

  • the language(s) in which the OLS can be offered or carried out;
  • the duration of the OLS in minutes (5, 15, 30, 45, 60, 75 or 90 minutes may be specified);
  • the short name of the OLS ("service title");
  • the correct assignment of the OLS to the appropriate main and sub-category provided by Klickerr on the application;
  • a (detailed) description of his/her OLS in the text field "Describe the service", which must contain as a minimum content all performance-determining features that enable the service customer to assess whether the OLS meets his/her needs; and
  • the total price (including all taxes and fees, which also includes the Klickerr fee) at which the OLS is offered in the local currency of the service provider (based on the information of his/her current country of residence according to point 4.2.1 or his/her company headquarters according to point 4.3.1) (see point 14.1.1).
7.2.3

In addition to the "OLS obligations" (see item 7.2.2), the service provider may also
(i) add images related to the OLS, and (ii) add a service title and a description of its OLS in the text field "Describe offer" in another language (e.g. in addition to the German description also in English). (referred to as "extended OLS data").

7.3 Modification of OLS content:
7.3.1

After the service provider has entered an OLS in the "Seller area" /"Offers" section, the OLS will be automatically published on the application or put online by Klickerr's IT system as OLS after all fields with OLS information have been filled in completely and the offer has been released by clicking on the "Publish offer" button. However, Klickerr reserves the right to change or delete the contents of online OLS at any time in accordance with point 4.5.2.

The service provider can no longer change OLS obligation data, as well as extended OLS data of his/her online OLS (as soon as he/she has clicked the button "Publish offer").

7.3.2

Should a service provider wish to change content of the OLS after the publication of the OLS (irrespective of whether it is "OLS obligation information" or "extended OLS information"), this is only possible insofar as he/she creates a completely new OLS in accordance with the relevant provisions of point 7. (especially point 7.2.2) of these GTC. In such a case, the service provider is obliged to delete the old OLS (where the service provider wanted to change OLS mandatory data) (see item 6.2.2 lit m).

7.4 Use of online OLS for marketing purposes:
7.4.1

Both Klickerr and service providers have a common interest in increasing their presence outside the application to interested parties and users. The following is therefore agreed to promote awareness:

The service provider authorizes Klickerr to distribute and exploit online OLS of service providers within the scope of its business activities with media and partner channels as well as Google and to publish them outside the platform for further marketing purposes. This consent can be revoked in writing by the service provider at Klickerr at any time.

7.5 Prevention of third party offers disguised as own OLS via link or frame:
7.5.1

Klickerr does everything to prevent third parties from copying, linking or camouflaging OLS with the help of frames.The service provider acknowledges that Klickerr may not be able to do this - at least temporarily.

When registering, the service provider grants Klickerr all necessary consents to enable Klickerr to prevent third parties to copy, link or disguise OLS as their own offers with the help of frames.

7.5.2

Should unauthorized linking and/or framing nevertheless occur, the service provider cannot assert any claims against Klickerr.

7.6 Duration of listing of OLS and retention obligation of Klickerr:
7.6.1

An online OLS is listed on the application as long as the service provider does not delete it or terminate his/her Klickerr account (see point 21.2).

7.6.2

In none of the cases of point 7.6.1 is Klickerr obliged to store or safe OLS that have been put online (regarding Klickerr account deletion, see point 21.2).

7.7 Registration of OLS by search engines:
7.7.1

It is essential that websites and thus also the application are crawled by search engines, i.e. their contents, so that Internet users are shown the appropriate results when entering search terms, as in the case of the application for searched OLS.

The service provider therefore agrees that OLS, which are put online on the application, can be captured, indexed and made accessible by search engines via their website.

8. Service contract, conclusion of contract:

8.1 Parties to the contract and content of the service contract:
8.1.1

The preparation and negotiation of OLS, the relevant conclusion of a service contract and the performance of the contract are the sole responsibility of the users involved. Only the users (in particular the service provider) are responsible for ensuring that the OLS and the conclusion and fulfilment of the service contract comply with Austrian law and the law of the respective users.

The service provider must provide any necessary admonition and information obligations to the service consumer with the restrictions set out in these GTC (e.g. point 8.7 or point 14.4.3).

Users negotiate their OLS independently. Klickerr only provides users with the necessary infrastructure for this, but does not act as a user's representative or vicarious agent and does not become a party to a service contract concluded between the service consumer and service provider (see also point 5.2.3).

8.1.2

The users are free to conclude a service contract with one another within the mandatory requirements of point 7.2.2 and in compliance with the relevant provisions of points 6.2 and 5.8.

The form and content of a service contract as well as the (also post-contractual) contractual relationship resulting from the service contract may not contradict these GTCs or the Austrian law and legal system to which the respective users are subject. This also means that all data protection provisions applicable between users, such as in particular the Basic Data Protection Ordinance ("BDPO"), are adhered to.

The behaviour of the users when fulfilling the service contracts also influences Klickerr's reputation.

The users therefore also oblige themselves to Klickerr to comply with and properly fulfil the service contracts and other legal obligations in connection therewith.

This also means that confidentiality agreements, which are deemed to be agreed between the parties to the service contract, and the right to data protection, in particular Klickerr's data protection policy, must be complied with, unless expressly agreed otherwise.

8.2 Conclusion of a service contract:
8.2.1 Requests for quotations and service provider requests:
8.2.1.1

Within the application-internal Klickerr chat, users can send, accept or reject requests for quotations (initiative comes from the service consumer; see point 8.2.2.1) or service provider requests (initiative comes from the service provider; see point 8.2.2.2). Requests for quotations or service provider requests can be submitted up to one minute before the planned start time of the OLS.

8.2.2 Variants of the conclusion of a valid service contract; A valid service contract can be concluded in two variants:
8.2.2.1 Variant a.) Appointment request by the service consumer:

Step 1: The service provider has put a non-binding OLS online on the application in accordance with the provisions of point 7.2.2, which a user/service consumer can specifically request by clicking on the button "Request appointment", also without obligation, stating the desired date and start time (the user/service consumer hereby makes a non-binding "request for quotation").
Alternatively, the service consumer can use the "Contact provider" button to contact a service provider directly ("Contact request") and start a Klickerr chat. Within the Klickerr chat, an OLS can be requested without obligation via the right menu bar, which lists all offers of the service provider, by clicking on the button "Send request", specifying the desired date and the start time (the user hereby submits a non-binding "request for quotation").
An offer request can be submitted up to 29 (in words twenty-nine) days before the planned start time of the OLS. An offer request that has already been submitted can be cancelled at any time by both the service consumer and the service provider.
Step 2: With the completed "Quotation Request", 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 quotation request. From this time on, service consumer and service provider have a maximum of 24 hours (in words twenty-four hours) to conclude a legally valid service contract. The service provider can accept the offer in the Klickerr chat via the "Confirm offer" button ("Confirm offer").
Before confirming the offer, the service consumer can make changes on the desired date and start time. If changes are still made on the part of the service consumer, this represents a new "request for quotation" (it continues with Step 2).
Step 3: The service consumer is informed of this offer confirmation in his/her "inbox" or in his/her Klickerr chat and can now accept it by clicking on the "Buy now" button ("Inquiry confirmation"). An offer request that has already been confirmed can also be cancelled by the service consumer at any time.
Step 4: An information box will then appear (as a pop-up window) in which the service consumer must confirm that he/she has accepted or acknowledged these GTC, any company GTC (see point 5.8), Klickerr's data protection provisions and the cancellation conditions ("Acceptance of offer").
Step 5: Before the offer is accepted, the service consumer can check the OLS with its essential characteristics as well as the desired date and the start time as well as the price. If the service consumer still wishes to make changes after review, he/she must cancel the confirmed request for quotation and submit a new "request for quotation" (it continues with Step 1).
Step 6: The "acceptance of offer" initiates the payment process according to point 15.2.2. Only after successful payment (see point 15.2.2.3) has the service contract been concluded.

The service contract between service consumer and service provider comes into effect as soon as the service consumer has accepted the offer in time (24 hours from the request for quotation of the service consumer) and has successfully paid the OLS according to point 15.2.2.3.

8.2.2.2 Variant b.) Quotation by the service provider via the Klickerr Chat:

Step 1: A user can use the button "Contact provider" to contact a service provider ("Contact request") and thus start a Klickerr chat within which an OLS can be negotiated. In the Klickerr chat, the service provider can then submit a non-binding offer for an OLS that fulfils the provisions of item 7.2.2, stating a specific date and start time, to the service consumer ("service provider enquiry"). Such a service provider request relates to either
a.) to an OLS ("special offer") created individually for the service customer or
b.) an OLS that has already been put online by the service provider.
The service provider request can be made up to 29 (in words twenty-nine) days before the planned start time of the OLS. An offer request that has already been submitted can be cancelled at any time by both the service consumer and the service provider.
Step 2: At the same time as the non-binding "service provider request" is transmitted, the service consumer is informed of its presence in his/her "mailbox" or in his/her Klickerr chat. From this point on, service customers and service providers have a maximum of 24 hours (in words twenty-four) to conclude a legally valid service contract. The service consumer can accept the service provider request by clicking on the button "Buy now" ("Inquiry confirmation"). A service provider request that has already been confirmed can also be cancelled by the service consumer at any time.
Step 3: An information box will then appear (as a pop-up window) in which the service consumer must confirm that he/she has accepted and acknowledged these GTC, any company GTC (see point 5.8), Klickerr's data protection provisions and the cancellation conditions ("Acceptance of offer").
Step 4: Until the payment procedure according to point 15.2.2 has been carried out, the service consumer can once again check the OLS with its essential characteristics as well as the desired date and the start time as well as the price and if necessary make changes at the desired date and start time. If changes are still made here after the service consumer has checked, this shall constitute a "request for quotation" in accordance with point 8.2.2.1 (further procedure from Step 2 of point 8.2.2.1). Even after acceptance of the offer, the service provider request can still be cancelled by the service consumer.
Step 5: The "acceptance of offer" initiates the payment process according to point 15.2.2. Only after successful payment (see point 15.2.2.3) has the service contract been concluded.

The service contract between service consumer and service provider comes into effect as soon as the service consumer has accepted the offer in time (24 hours after the service provider's request) and has successfully paid the OLS according to point 15.2.2.3.

8.3 Limited validity of "Quotation requests" and "Service provider requests”:
8.3.1

Each "Quotation Request" (see point 8.2.2.1) and "Service Provider Request" (see point 8.2.2.2.2) have a limited validity period and will be automatically cancelled by Klickerr after 24 (in words twenty-four) hours if the service provider and the service consumer do not agree (see points 8.2.2.2.1 and 8.2.2.2).

8.4 Conducting the OLS in the Klickerr Chat - Sending the activation link:
8.4.1

After payment has been made (see point 15.2.2), the service consumer and the service provider receive a booking confirmation according to point 14.4.3, and a link is sent to the service provider and service consumer in the Klickerr chat (stating the "activation time" of the link), via which the Live Video Chat (for Live Video Chat see point 9.3) can be started for this OLS ("Activation link"; see point 9.4). If no payment is made or was not successful, no activation link to the Live Video Chat will be sent within the Klickerr Chat. This activation link is only activated 10 (in word ten) minutes before the agreed time of OLS provision (see item 9.4.2).

8.5 Klickerr's procedure for overlapping OLS:
8.5.1

Should one of the two