Terms and Conditions of Use
1. Scope of Application
The following Terms and Conditions of Use (hereinafter referred to as “Terms”) shall govern the use of the website www.wlounge.de and any other services, including transactions and acts of similar nature, that may be provided through wlounge.de by WLOUNGE UG (haftungsbeschränkt), Kurfürstendamm 194, 10707 Berlin, Germany (hereinafter referred to as “WLOUNGE“ or “we”). Terms of the user do not apply and are rejected, regardless of whether or not we expressly object to them in a particular case.
2. Description of performance
WLOUNGE makes available to the users the www.wlounge.de online platform (hereinafter referred to as ”wlounge.de“ or the “Platform”) for the purpose of enabling the users of wlounge.de (hereinafter referred to as “Users”) to register for events (hereinafter referred to as ”Service“) organized by WLOUNGE (Users and WLOUNGE together hereinafter referred to as “Contracting Parties” or “Parties”).
3. Registration for an Event
3.1 wlounge.de can generally be used without registering. Users only have to register to use the Service (e.g. to attend an event).
3.2 In registering for an event, the Users and WLOUNGE conclude a contract regarding the use of the Service provided on wlounge.de. Registration for an event is generally free of charge, unless explicitly stated otherwise (see section 4 in addition in such cases). Minors and individuals who have no or only limited legal capacity may not register.
3.3. In registering, the User is obligated to provide truthful and complete information. If any changes occur regarding the information collected after the registration the User shall update the data without undue delay or – if possible – inform WLOUNGE about the change. By sending the completed registration form the User submits an offer to conclude a contract regarding the use of the Service, he agrees to these Terms and affirms not to be excluded from the use of the Service according to Section 3.2 of these Terms.
3.4 WLOUNGE may reject the offer without stating reasons.
3.5 A contract shall not come into effect until a confirmatory email of the registration has been received by the User. This email will contain a confirmation code, the date of the event and a summary of the personal data of the User. In receiving this confirmatory email the contract regarding the use of Service has been concluded between the User and WLOUNGE. Together with such email or by separate email WLOUNGE will send the User an electronic ticket (“e-ticket”) (e.g. in a pdf format) enabling the User to attend the event.
3.6 During registration for an event the User selects his user name and a password (hereinafter referred to as ”access data“). User names are not permitted if their use constitutes an infringement of third-party rights; in particular the right to use a name or trademark, or which otherwise break the law or are considered contrary to public policy. The User is obligated to keep his access data secret and prevent unauthorised use by third parties. If the User loses the access data, or if he finds out or suspects that his access data may be used by a third person, he shall immediately inform WLOUNGE thereof.
3.7 WLOUNGE reserves the right to immediately block the User for attending an event, in particular if the User
provided incorrect data during the registration process,
has infringed his obligation to handle the access data carefully, or
breached these Terms.
In the case that a user account is blocked the User concerned is not allowed to register again without the express prior approval of WLOUNGE.
4. Events with attendance fee, Pricing
If the User wants to attend an event that requires an attendance fee, the User can inform himself about the fee involved with the event on wlounge.de and the User can make an offer to attend such event by registering in accordance with section 3 of these Terms, and by additionally providing his payment information. In this case WLounge is transmitting the user data provided by the User to a ticketing service provider and/or a payment service provider enabling the payment of the event. WLOUNGE will send the User a confirmatory email that the User has bought a ticket for the event and that he is entitled to attend the event and that the User has paid the attendance fee. Together with such email or by separate email WLounge will send the User a e-ticket for the event.
5. Liability of WLOUNGE
5.1 WLOUNGE is unrestrictedly liable for damages that have been caused by deliberate intention or by gross negligence.
5.2 In cases of slight negligence, WLounge is only liable if it has infringed a fundamental duty and if the purpose of the contract is threatened thereby or if it has infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases WLOUNGE is only liable for predictable damages that are typical for the contract.
5.3 The aforementioned restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects.
WLOUNGE bears no liability for significant restriction to the Service. Furthermore, WLOUNGE bears no liability for service breakdowns that it is not responsible for e.g. as a result of force majeure or technical internet failures.
5.4 If the liability of WLOUNGE is excluded or restricted, this also applies to the personal liability of his officers, employees, representatives, and agents.
6. Exemption of Liability
6.1 The User relieves WLOUNGE of all claims that third parties enforce against WLOUNGE if the User is responsible for the reason for the claim. In such a case the User also bears the necessary legal costs for the defence including lawyer´s fees and court fees.
6.2 In cases of the aforementioned enforcement of claims by third parties, the User will provide WLOUNGE with all information that is needed for the examination of the claim and for the defence against it. The User will provide the information immediately, truthfully and completely.
7. Availability of the platform
The User is aware and acknowledges that an availability of 100 % of wlounge.de, of the Platform and of the Service is not possible and is not guaranteed by WLOUNGE. But we make every effort that the availability of the Platform is as high as possible. However, in particular maintenance works could lead to errors or may lead to temporary unavailability of the Platform and/or the Service.
8. Set-off and Retention
The User shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by WLOUNGE or has been determined by a final and binding court decision.
9. Content from Users, Pictures and Quotes of Users
The User may provide his own content (the “Content”). By attending an event provided as Service by WLOUNGE, the User already herewith agrees that WLOUNGE is entitled to make photos of the User, record the User and to quote him (the “Photos”; Content and Photos together the “IP”). By submitting his own content and/or by attending an event provided as Service, the User entitles WLounge to all rights of use regarding the handling and publishing of the IP. The User grants WLounge the irrevocable, royalty-free, non-exclusive and geographically-unrestricted right to use all IP generated, transmitted, saved and published. Therefore WLounge, and companies connected to WLOUNGE, are entitled to the unrestricted use of all IP including editing, copying, modifying, translating, creating and taking possession of derivative works. In doing so, there is no restriction regarding the type of use. WLOUNGE is therefore entitled to use content for advertising purposes or other publications, either in part or in whole and in any format or medium. In this regard, the user grants WLounge moral rights, whereby WLOUNGE expressly points out that WLounge does not obtain ownership of the IP provided by the User and therefore WLounge does not carry out any supervisory role of content. This also applies to partial handling and publishing.
10. Online dispute resolution
Platform of the EU Commission regarding online dispute resolution: http//ec.europa.eu/consumers/odr
11. Modifications to the Terms and Conditions of Use
11.1 WLOUNGE reserves the right to make changes to these Terms and Conditions of Use at any given moment. In this case WLOUNGE will inform the User about the changes via email.
11.2 The User declares his approval to the application of the changed Terms for contracts concluded before the change in question, providing that the user does not object to the change in written form within a period of two (2) weeks, starting on the day following the day the notification of the change has been received.
11.3 The notification of change will besides the indication of availability of the amended text also contain again a reference to the possibility and period of objection as well as the importance and consequences of non-objection. This can be made particularly by email to the email address indicated by the User. If the User disagrees to the application of the new Terms within a two (2) weeks deadline, the contractual relationship will be continued under the conditions hitherto.
12. Data Protection
12.1 WLOUNGE may save and process any data relating to the User, to the extent necessary for the purpose of the execution and implementation of this use contract and of purchase contracts concluded via wlounge.de and as long as WLOUNGE is required to keep such data in accordance with applicable law.
12.2 WLOUNGE shall have the right to submit personal data relating to the User to payment service providers, to the extent necessary for a payment of the Service, however, subject to the User´s consent in each individual case. WLounge shall neither make available any personal data of the User to other third parties without the explicit consent of the User, except to the extent that WLounge is required to disclose any data pursuant to applicable law.
13. Final provisions
13.1 If the User is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code, Handelsgesetzbuch, HGB) or if the User is a legal entity or special fund organized under public law, the courts in Berlin, Germany shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, the User or we may file suit before any court of competent jurisdiction under applicable law.
13.2 The law of the Federal Republic of Germany shall apply exclusively, excluding, however, its rules governing the conflict of laws and not including the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
13.3 Contract amendments, additions and ancillary agreements, unless otherwise specified in these Terms and Conditions, require written form on both sides to be valid. The written form requirement also applies for the waiver of this same requirement
13.4 In the event that individual terms should in their entirety or partially be or become invalid or impracticable, the validity of the remaining terms shall not be affected. Instead of the invalid or impracticable terms, the Parties will agree upon such reasonable terms that correspond as closely and legally possible to what the Parties – if they had considered the matter initially in light of such invalidity or impracticability – would have agreed upon according to the sense and purpose of these Terms. The same shall apply to omissions.
WLOUNGE UG (haftungsbeschränkt), July 2018