§ 1 General regulations
(1) gazzer.io; R. Weser, D. Hoffner, E. Terehov; Rintheimer Hauptstraße 25; 76131 Karlsruhe; Germany, hereinafter referred to as "the Platform Operator", by offering users (hereinafter referred to as the "Users") access to the gazzer.io app (hereinafter "the platform"), provide the opportunity for users to offer or obtain information from other users in order to effect contractual arrangements. The platform operator will not be party to the contracts arranged between users, does not accept declarations of intent for third parties and does not fulfill any contracts for or on behalf of users.
§ 2 Services of the platform operator
(1) The platform operator shall provide a platform on which users may present their information and inquiries (events, meet ups) and offer them to other users. Users can search for users or offers by entering the desired time period and desired undertaking, and view the profile of the users and their offers. Registered users can contact each other via the platform operator. The platform only provides a forum in which contracts can be mediated; the contract is concluded directly between the users.
(2) Only such information is available on users and offers, which has been released by the respective user in its offer on the platform. The information about the respective user is displayed as it is provided by the user. The platform operator does not warrant that this information is correct. The respective user bears sole responsibility for the content of such information. The platform operator expressly does not accept responsibility for the contents of third parties.
(3) The platform operator does not guarantee the permanent availability of the platform. The platform may not be accessible in the event that necessary maintenance is required on the website. The platform operator takes no responsibility should the platform be unavailable due to technical issues.
§ 3 Conclusion of contract between users
(1) If a user places an offer on the platform, this offer is not yet binding. Users can request offers that they are interested in, without obligation to the contract offeror; the platform only provides a forum in which contracts can be mediated. The user is solely responsible for the decision with whom to enter into a contractual arrangement. For details of the contract between the users, please refer to our customer information.
(2) The contract offeror is obliged to notify the platform operator without delay of changes to the contract (for example, the cancellation of the venue, etc.). If the user agrees to a change of the content after the conclusion of a contract, the platform operator must be notified without delay.
(3) A contract offeror is not allowed to demand additional fees, lump sums or other payments from the client in addition to the agreements in the contract. Payments by a client may only be made via the user's account.
§ 4 Obligations of Users; Prohibited actions
(1) Users are responsible for the content and subject matter of their contract.
(2) Users shall not use the platform to conclude a contract for events or services that are prohibited by law in a country.
§ 5 Registration of Users
Users can register on the platform free of charge. The following registration conditions apply:
(1) Registration on the platform is free of charge. There is no claim for admission to the platform. We reserve the right to exclude users from the platform for legitimate reasons. The right to participate is unlimited to natural persons who are legally eligible to enter into a contract.
(2) Apart from the declaration of the agreement with our conditions of use, registration does not imply any further obligation for the user. The user can delete his account at any time.
(3) Each user is able to store various data in their account. The user is obligated to enter these data accurately and completely, and to keep the personal data in his member profile up-to-date, immediately updating any relevant changes. Changes can be made on the platform in the user's own account.
(4) Each user of the platform may only open one member account. The member account is not transferable. For security reasons payments by a client can only be made by the client of the contracting entity.
(5) Content in a user's profile which promotes violence or racism, or which contains material which may be harmful to young people, or of a pornographic nature is forbidden.
(6) Every user of the platform must ensure that the contents and materials used by him are free of third party rights/copyrights.
(7) Users may not promote external offers in their profiles or messages.
(8) In case of a breach of these conditions, we reserve the right to delete content on user profiles at any time, and to exclude the respective user from using the platform.
(9) We are entitled to display offers of users prominently e.g. on the home page. We reserve the right to amend and customize content set by the user to enable it to be displayed on various mobile devices or software applications.
§ 6 Evaluation of Users
Users have the option to evaluate the other party to a contract. The following provisions apply to the evaluation of other users:
(1) Registered users of the platform may evaluate the event or other users after execution of the contract/event. There is a five star system in place, (one star meaning overall dissatisfied, five stars meaning overall very satisfied), as well as different categories. The rating (number of stars received), appears in the profile of the evaluated user and can be viewed there.
(2) The subject of the assessment may only be circumstances which result from the evaluator's own experience with the evaluated user. The contents of the evaluation may therefore not be the experience of third parties (e.g. via word of mouth). Users are not permitted to include in their assessment of the other user circumstances that are not related to the contract (e.g. personal circumstances of the member to be evaluated, or past circumstances). Self-reviews are not permitted.
(3) The user submitting the evaluation is solely responsible for the content of the evaluation.
(4) If a user receives an evaluation from another user that, in their opinion, violates the rights of the evaluated user, please contact our customer service. The platform operator will then give the evaluating user the opportunity to comment on their evaluation. We reserve the right to delete evaluations that violate our values.
§ 7 Data processing; data protection
§ 8 Warranty by the platform operator
(1) The platform operator accepts no responsibility for the correctness and completeness of information provided by users, for the content of user profiles, or for user's offers, or contents of other internet sites, which are linked to the website. If the platform operator becomes aware that illegal content is contained in a user's profile or on a website accessible through a link on the website, the platform operator will delete this content or deactivate this link.
(2) The Platform Operator assumes no liability for the provision of services to users, exception in certain circumstances.
(3) We shall be liable for any damages or compensation for unnecessary expenditure in accordance with the following provisions. (a) and (b): (a) In the case of willful intent and gross negligence, we shall be liable without limitation. In the case of simple negligence, we shall be liable only for damages resulting from a breach of a fundamental contractual obligation, (an obligation whose fulfillment, if properly carried out, allows the contract to be properly fulfilled and on whose fulfillment the user regularly relies and may rely); in this case, however, our liability is limited to the replacement of the foreseeable contractual damages. (B) the limitations of liability resulting from subparagraph (a) shall not apply insofar as we maliciously concealed a defect or assumed a guarantee for the condition of the goods, for damages arising from injury to life, body or health, in the event of liability under the Product Liability Act. Insofar as liability towards us is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
§ 9 Final provisions
(1) The applicable law is the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CSIG) does not apply. This shall be without prejudice to any mandatory provisions of the state in which a user has his habitual residence.