Terms and Conditions for Online Services
1. Preliminary remarks, validity
These terms and conditions as of January 2014 apply to all online services of GENOBIS GmbH
The GENOBIS GmbH maintains u.a. Internet services that enable natural persons and businesses to use services over the Internet.
By using the Internet services of GENOBIS GmbH, users / contract partners (hereinafter referred to as “users”) agree to the terms of use formulated here. All users declare their agreement by confirming their knowledge of and acceptance of the General Terms and Conditions / Terms of Use as part of the partial use of a website or the mobile app. A partial use of a website is available as soon as it is called in a stationary or mobile Internet browser or the app is called.
If users disagree with the Terms of Use, they may not use any features of the Site. Should users not only agree with parts of these terms of use, and still use services / features of the website, release GENOBIS GmbH from any legal responsibility in the sense of the respectively valid legal regulations.
Deviating conditions of the user, which are in conflict with these general conditions of use, are not taken into account, unless GENOBIS GmbH agrees in writing.
Within the scope of any contractual relationship with GENOBIS GmbH, these General Terms of Use are valid even if further claims are made, for B. paid services, not again referred to separately.
GENOBIS GmbH is entitled to commission third parties with the provision of parts or the entire range of services. In this case, the terms of use here also apply.
GENOBIS GmbH reserves the right to change these terms of use at any time. Users will be informed in good time about any changes to existing contractual relationships by e-mail. The contracting parties are granted a right of termination for a period of 6 weeks after notification of the changed terms of use. After this period, the contractual relationship continues on the basis of the new terms of use.
2. Scope of services
GENOBIS GmbH offers live scoring of sporting events. Here, e.g. For golf tournaments the participants are entered into the system by the organizer. In addition, the data of the golf course as well as other basic conditions for the tournament.
The users independently enter the information about the current score into the system via a smartphone app. The app transfers the data into a backend system, which calculates the current situation in the table and makes it available to the organizer of the event via a website operated by GENOBIS GmbH.
However, GENOBIS GmbH does not guarantee that a successful transmission of the data takes place both from the app to the backend and from the backend to the website and is therefore not liable, if in the specified contract period here e.g. the mobile data connection can not be established.
3. Prices
All services and products are valid according to the current price list, these include the statutory sales tax.
4. Data usage and privacy
The GENOBIS GmbH generally complies with the legal data protection regulations. In compliance with these legal provisions, the collection and use of data takes place as follows:
By registering with GENOBIS GmbH, the user agrees to the regulations below regarding the use of his personal information.
GENOBIS GmbH collects, uses and analyzes personally identifiable information of the user as well as the information resulting from the event in different ways on its own websites as well as other own and partner operated services to enable the functioning of the internet services and to provide better service to users. This information is provided by the user and by using the services offered. The user agrees to his personal data being stored in electronic form.
In order to prevent misuse and fraud prevention, GENOBIS GmbH is entitled to store IP addresses of users of its Internet services.
5. Liability
GENOBIS GmbH assumes no responsibility and liability for the topicality, correctness, completeness or quality of the information provided and for the possible misuse of information.
Any liability for any economic, physical or immaterial damage resulting from the use or non-use of GENOBIS GmbH Internet services is expressly excluded. All offers are non-binding. GENOBIS GmbH strives to ensure the proper operation of the service at all times, but can not guarantee the uninterrupted usability or availability of the service. Liability for technical transmission delays or failures is excluded.
GENOBIS GmbH expressly reserves the right to change or supplement parts of the pages or the entire offer without prior notice.
GENOBIS GmbH is not liable for the unauthorized acquisition of personal user data by third parties (eg through unauthorized access by third parties). GENOBIS GmbH is not obligated to contents, data as well as picture files, text contents o. Ä. users, but reserves the right to review and modify or delete content, such as B. in case of recognizable presence of incorrect information – before.
The GENOBIS GmbH is not liable for direct or indirect references to external websites (“hyperlinks”), which lie outside the area of responsibility of GENOBIS GmbH. If GENOBIS GmbH becomes aware that there is a link to a website with illegal content, GENOBIS GmbH will do everything reasonable to remove the corresponding link. As a precaution, GENOBIS GmbH dissociates itself from the content of linked websites. This applies to all, within the GENOBIS GmbH Internet offer, set left and references as well as for foreign entries, contents of discussion forums, blogs, mailing lists, u. etc. ..
6. Obligations of the user
The user is solely responsible for the content of his registration and thus for the information he provides about himself and assures that the data provided by him is true.
The user is responsible for the individual advertising banners of the live leaderboard. The user agrees that the content displayed on the banners is free of any sexist, pornographic, racist, inciting or comparable – even obscene -, or any other contravenes the applicable law of the Federal Republic of Germany content. In case of infringement, GENOBIS GmbH is authorized to stop any web services with immediate effect. Criminal prosecution is subject to the competent authority of the Federal Republic of Germany.
The user undertakes to indemnify GENOBIS GmbH from any kind of costs, claims, damages, losses or other claims that may arise through its registration or participation in GENOBIS GmbH services. The user commits itself in particular to the GENOBIS GmbH from any liability and from all obligations, expenses and claims resulting from damages due to insult, libel, violation of personal rights, because of the failure of services for other members, for the infringement of intellectual property or other Rights to indemnify. The indemnification obligation also refers to the costs required to defend such claims.
Furthermore, the user undertakes not to misuse services provided by GENOBIS GmbH, in particular:
not to include in the system data that contains a computer virus (infected software) or software or other material that is protected by copyright unless the user has the rights thereto, the necessary consents thereto and any damage is excluded.
in a manner which may negatively influence or influence the availability of the offers for other users of GENOBIS GmbH.
Important: Failure to comply with the obligations may lead to termination without notice of any contractual relationship, as well as civil and criminal consequences for the user.
7. Copyright
GENOBIS GmbH endeavors to protect the copyright rights of third parties in all internet services. Therefore, GENOBIS GmbH also claims all copyrights for any self-created contents of its Internet pages. Reproduction or use of content of any kind is only permitted with the written consent of GENOBIS GmbH.
8. Jurisdiction, severability clause
For the present general terms of business / conditions of use as well as all further agreements of the contracting parties (users) with the GENOBIS GmbH only German law is applicable. Jurisdiction is the seat of GENOBIS GmbH.
Should individual provisions of these conditions be wholly or partially invalid or ineffective, this shall not affect the validity of the remaining provisions. If individual provisions of this contract are not effective in whole or in part or lose their effectiveness at a later date, this will not affect the validity of the rest of the contract. The ineffective regulation is to be replaced by the parties by an effective, which corresponds as far as possible to the economic purpose of the ineffective regulation. The same applies to any contractual gaps.
9. Cancellation policy
The user may revoke his declaration of intent (use of paid services) within two weeks without giving reasons in writing to GENOBIS GmbH, Zum Schürmannsgraben 24, 47441 Moers), by fax or by sending an e-mail.
The period begins with notice of this instruction. To meet the deadline, the timely dispatch of the revocation is sufficient.
In the case of effective revocation, the mutually received benefits shall be mutually granted back. Already received paid services are charged to the user.
The user’s right of revocation expires prematurely if GENOBIS GmbH has commenced the provision of paid services with the express consent of the user before the end of the revocation period or if the user has provided the paid services, e.g. by sending a message.
