General Terms of Use
Disclosure according to §5 ECG:
RIESPO Education & Sportsbetriebs GmbH .
Bahnhofstraße 65/2, 4810 Gmunden
Phone: +43 7614 21499
Email: office@riespo.com
UID: ATU 73295409
Managing director: Gerhard Riedl
Register: FN 489647w
Trade authority: BH Gmunden
These are the General Terms and Conditions of Use (hereinafter "GTU") of RIESPO Education & Sportsbetriebs GmbH, Bahnhofstraße 65, 4810 Gmunden, registered with the Provincial Court of Wels, FN 489647w (hereinafter "RIESPO") for the use of the German language website "riespo.com" (hereinafter collectively "the Website") and the contracts concluded between RIESPO and the registered member.
Via the website riespo.com, users can register as members for the respective selected functionalities and prices. By registering with RIESPO, a user becomes a member (hereinafter referred to as a "Member") and in doing so also confirms that he/she has read, understood and accepts the GTU.
1. Subject matter of the terms and conditions
1.1. The GTU apply to all content, functions and other services (hereinafter collectively referred to as "Services") that RIESPO presents and makes available on the Website.
1.2. RIESPO may amend and/or supplement these GTU for the future. RIESPO shall give timely notice of any such changes. Such amendments shall be deemed to have been approved unless the member objects to the amendments or terminates the respective agreement within one month of receipt of the notice of amendment. In the event of an objection, RIESPO shall have the right to terminate the contract.
2. Registration
2.1. If the member wishes to place content on the website itself, the member must first register with RIESPO by opening a (user) account. Registration is free of charge. Upon registration, a contract for the use of the website shall be concluded between RIESPO and the user.
2.2. During registration, first and last name, account type i.e. player, coach, club, Google account, Facebook account or password must be provided completely and correctly, as well as a valid e-mail address.
2.3. The member is responsible and liable for all activities made using his account. Therefore, it must keep the password secret and carefully secure access to the account. If there are indications that the user account has been misused by third parties, the member must delete it and, if necessary, create a new one. If the member has not violated his duty of care, the member is not liable.
2.4. The member is not entitled to transfer the member account to a third party without the prior written consent of RIESPO.
3. Benefits
3.1. RIESPO shall be entitled to discontinue individual services or parts of individual services at any time without prior notice. If RIESPO discontinues services, the member shall be informed and shall have the option to terminate the respective contract. The discontinuation of services shall be deemed to have been approved if the member does not object to the changes or terminate the contract within one month of receipt of the notice of change. In the event of an objection, RIESPO's services may no longer be used and RIESPO shall have the right to terminate the contract.
3.2. All rights in programs, services, processes, software, technologies, marks, inventions, databases, and in all materials belonging to RIESPO shall be vested exclusively in RIESPO. The use of all programs and the contents, materials and markings contained therein is permitted exclusively for the purposes specified in these Terms of Use. Reproduction of the programs, services, processes, software, etc. – for any purpose whatsoever – is prohibited.
3.3. RIESPO reserves the right to increase the remuneration for the first time after the expiry of 12 months and at most once a year with a notice period of 3 months to the end of the month and in order to adjust to internal cost increases caused by material or personnel costs or by third parties. As soon as the annual remuneration increases by more than 5%, the customer is entitled to terminate the contract extraordinarily at the time the increase takes effect with a notice period of six weeks after receipt of the request for increase. In the event of a reduction of the corresponding costs, the customer may also demand a corresponding reduction of the remuneration for the first time after the expiry of 12 months.
4. Content
4.1. The member is responsible for all content such as text, data, photos, photo series (hereinafter "Content") that the member submits to RIESPO. This content is not checked by RIESPO before it is placed on the websites. It is not RIESPO's own content, but third-party content provided by members. RIESPO reserves the right to check the content in individual cases. The member has no legal claim to publication of the submitted content.
4.2 It is the member's responsibility to ensure that the content submitted is correct and lawful, in particular that it does not violate applicable laws and does not infringe the rights of third parties. In particular, the member undertakes to RIESPO to ensure that the transmitted content does not violate criminal law, copyright, competition law, trademark law and other industrial property rights and personal rights of third parties.
4.3 By submitting Content, you warrant and represent that you have the necessary rights of use to publish such Content on the Internet. Furthermore, you warrant and represent that the Content you submit is not encumbered with any third party rights.
4.4. In particular, before transmitting an image file, the member must ensure that you are entitled to the rights of use to the photo or file, including the right to make it publicly accessible via the Internet.
4.5. The member is obligated to indemnify RIESPO against all claims of third parties for the infringement of their rights, in particular their copyrights, industrial property rights and other proprietary rights on the basis of the content transmitted by you. You are also obligated to notify RIESPO immediately if it subsequently becomes known to the member that the member does not have the necessary rights of use for the publication of this content, or if it subsequently becomes known to the member that this content is not lawful. RIESPO shall be entitled to disclose the member's personal data to third parties if, in RIESPO's opinion, there is reasonable suspicion that the Content submitted by the member has infringed the rights of third parties and third parties assert the infringement of such rights against RIESPO.
4.6 By submitting content, the member grants RIESPO the irrevocable right to reproduce, distribute, publish, make available to other members registered with RIESPO to the extent necessary for the performance of the respective agreement, translate, and store the content for the term of the user agreement. This includes the right to edit, design, adapt the content to the file formats required for use and to change and/or improve the quality of presentation. In the event of termination of the agreement, RIESPO shall delete the Content that the member has transmitted to RIESPO, with the exception of the Content that must be stored for legal reasons. The member's obligation to notify RIESPO and to indemnify RIESPO pursuant to Section 4.6 shall remain unaffected thereby. However, the obligation to notify and indemnify RIESPO shall not apply if the member has notified RIESPO that it is not (or is no longer) entitled to the necessary rights of use for the publication of the content or that the content is not (or is no longer) lawful in its view and RIESPO does not thereupon remove the content from its website within a reasonable period of time. The member is obligated to specify the content that he/she considers to be illegal to RIESPO, as this is the only way to ensure that RIESPO can remove the content from its website within a reasonable period of time.
5. Deletion, warnings and blocking
5.1. If there are concrete indications that the member is violating legal regulations, the rights of third parties or these GTU when transmitting Content and/or using the services, or if there is any other important reason for doing so, RIESPO may delete the Content transmitted with the member, in whole or in part, without further notice or deadline, issue a warning to the member or temporarily and permanently block your user account. When choosing such measures, RIESPO will take into account the legitimate interests of the member in the decision.
6. Liability of RIESPO
6.1. RIESPO expressly distances itself from the contents of all sites linked to RIESPO and assumes no responsibility or liability for such contents. The providers of the respective sites themselves are responsible for such content.
6.2. RIESPO cannot guarantee the constant availability and functional capability of the website and the services, but shall endeavor to keep the website available as constantly as possible. RIESPO shall not be liable for any outages, loss of data or transmission errors. Furthermore, RIESPO shall not be liable for any disruptions to the quality of access to RIESPO's services. RIESPO shall be entitled to discontinue the operation of the websites or individual services at any time and without prior notice. Any liability on the part of RIESPO for damages or consequential damages shall also be excluded in such cases.
6.3. In all other respects, RIESPO shall be liable to entrepreneurs only for damage caused by intentional or grossly negligent acts and for damage resulting from slightly negligent breaches of material contractual obligations. In the latter case, liability shall be limited to typically foreseeable damages. These limitations of liability shall also apply to breaches of duty by RIESPO's legal representatives or vicarious agents. The above limitations of liability shall not apply if life, limb or health are affected by the breach of duty.
6.4. Any further liability is excluded.
7. Term of Contract/Cancellation
7.1. The term of the contract concluded between RIESPO and the member in each case shall be one year.
7.2. Either party shall be entitled to terminate the user agreement for good cause. Good cause for termination by RIESPO shall be deemed to exist in particular if the member, despite having been warned, again violates material provisions of these GTU or fails to pay its membership fee on time despite having been reminded. Termination by RIESPO shall be effected by permanently blocking your user account.
7.3. The contract is automatically renewed for another year unless the member or RIESPO terminates the contract before the end of the contract term.
8. Data protection
8.1. The security and protection of data is of particular concern to RIESPO. RIESPO undertakes to comply with the statutory provisions on data protection, in particular the Data Protection Act (DSG). In addition, RIESPO draws the attention of all users to its privacy policy.
9. Final Provisions
9.1. The contract of use and the use of services provided by RIESPO shall be governed exclusively by Austrian law. The UN Convention on Contracts for the International Sale of Goods shall be excluded.
9.2. For disputes arising out of or in connection with the contract of use or the use of services of RIESPO, the competent court at the registered office of RIESPO shall be agreed, provided that the member is an entrepreneur. However, RIESPO shall also be entitled to take action against you in other competent courts.
9.3. RIESPO must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions of business and regulations of the member in order for them to become part of the contract in the individual case.
9.4. Should one or more provisions of these GTU be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a valid provision which comes closest to the economic sense and purpose of the invalid provision.
10. Out-of-court dispute resolution
10.1. The European Commission provides a platform for online dispute resolution (OS platform) at https://ec.europa.eu/consumers/odr. Consumers have the possibility to use this platform for the settlement of their disputes.
RIESPO does not participate in a voluntary dispute resolution procedure before an Austrian consumer arbitration board. There is no legal obligation to do so.
Instructions on withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must send us
RIESPO Education & Sportbetriebs GmbH
Station road 65
4810 Gmunden
Tel: +43 7614 21499
Email: office@riespo.com
by means of a clear statement (eg letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: ‘If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.’.
Model withdrawal form
(If you wish to revoke the contract, please complete and return this form).
To
RIESPO Education & Sportbetriebs Ltd. Station road 65
4810 Gmunden
Tel: +43 7614 21499
Email: office@riespo.comI/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete where not applicable.
Contract language is German, translations into other languages are not legally binding.