Terms and Conditions
for the purchase and use of the mobile application „bebrassie“
Terms & Conditions between Tourbrassie GmbH, Grubmühlerfeldstr. 14 b, 82131 Gauting („Tourbrassie“) and the user of or the mobile application “Bebrassie” (“User”)
The legal terms set out below (the “Terms”) govern the use of the mobile application named “Bebrassie” (“App”). These Terms and conditions also can be accessed on our website as well as downloaded and printed.
1 GENERAL TERMS
1.1 The general provisions of these Terms come into effect by initiating the download process via the website www.bebrassie.com or any other platform maintained by third parties (e.g. any app store), by clicking the button “DOWNLOAD” or undertaking an equivalent action. Is the respective app store operated by a third party, these Terms do only apply if Tourbrassie is your contractual partner according to law and not the operator of the respective app store. With this action, the contract (“Contract”) between Tourbrassie and the User is concluded.
2.1 The App, consisting of software, documentation and any other material or data provided with the download, its elements and parts of its elements remain the property of Tourbrassie. The User obtains a non-exclusive, non-transferable and non-sublicenceable right to use the App according to these Terms until the end of the contract (“Licence”).
2.2 Tourbrassie grants the User the Licence to download, install and operate the App for his own private purposes. The use for any professional purposes requires Tourbrassie’s explicit prior consent in written form.
2.3 Within the Licence, the User is only allowed to create a back up copy in order to restore the App in case of hardware or software malfunction of the mobile device The User is prohibited to create any other reproduction of the App, its elements and parts thereof.
2.4 The Licence expires with the termination of contract, the removal of the App from the User’s mobile device or in case of any violation of these Terms.
3 GENERAL CONDITIONS OF USE
3.1.1 The User is only allowed to use the App for the purposes it is designated for by Tourbrassie. He may use the Services only for his own private purposes. The use for any other purpose requires the prior written consent of Tourbrassie.
3.1.2 The User is prohibited to use the App to infringe upon or violate the rights of any other party. Furthermore, he is prohibited to carry out any interference with the functionality of the App, the websites or any other product of Tourbrassie, such as, but not limited to, out of memory attacks, mass sending of e-mails, hacking attempts, brute force or the use of spyware, viruses as well as worms.
3.1.3 The User is responsible for the protection of the App and its parts. He is liable for any damage of Tourbrassie or any third party caused by any action undertaken using the App or parts of it, in its original or modified form. The User is obliged to prevent any misuse of the App or parts of it and will communicate immediately any circumstances that might indicate any misuse to Tourbrassie via email@example.com. In case of misuse of the App or parts of it, the User has to undertake all measures necessary to prevent the misuse indicated.
3.2 Intellectual Property
3.2.1 The User agrees that the App, including but not limited to, its contents – might they be in form of text, graphics, audio or video files – design, editorial content, as well as the scripts and codes used to implement the App are the property of Tourbrassie and/or its licensors.
3.2.2 The User is prohibited to remove or manipulate any trademark or copyright signs or the App or it’s content.
3.3 Personal Data
3.4.1 Tourbrassie is only liable for damages caused by intent or gross negligence, including intent or gross negligence of its representatives or agents. The claim for damages then is limited to the foreseeable damage. Tourbrassie’s liability for damages to life, body or health or wilful misconduct, the assumption of guarantees, its liability in case of fraudulent concealment of circumstances regarding the standard of the offered products by Tourbrassie and other cases of mandatory liability shall remain unaffected.
3.4.2 Tourbrassie is not liable for any damages caused by any use of the App that contradicts these Terms.
3.4.3 Tourbrassie does not assume any guarantee and therefore is not liable for the constant functionality of the App or the constant availability of the website www.bebrassie.com or any other website or database (“Database”), required for the functionality of the App or their accuracy. Especially, there is no liability in case of temporary malfunction or interruption. Tourbrassie is not liable for any damages caused by any change and /or cancellation of the App, the Database or the services supplying the App or its content for editorial reasons.
3.4.4 Tourbrassie does not assume any guarantee and is not liable for the unlimited interoperability of the App with the User’s mobile device. Tourbrassie is further not liable for any damages caused by malfunctions due to insufficient interoperability of the User’s mobile device, its operating system or any other data, such as, but not limited to other software, present on the device.
3.4.5 Tourbrassie reserves the right to modify or to block, partially or as a whole, the App’s access to the Database, parts of it, single pages, parts of pages or certain contents of the Website if required by law, in case of misuse or for editorial reasons.
4.1 Tourbrassie is eager to keep the App as secure and technological up to date as possible. Therefore, Tourbrassie may from time to time launch updates or new versions of the App (“Update”) in order to eliminate security threats, adapt the App to new technical developments and standards or to offer new features. If so, Tourbrassie shall inform the User via email of the availability of the Update.
4.2 The Update shall be accessible for/by the User without any additional fee. He is not obliged to download and/or install the Update.
4.3 Tourbrassie may block the access of an out-dated version of the App to the Database completely or in part, in case the out-dated version of the App poses a threat to the security or integrity of the Database, the App or the mobile device of the User or in case, the maintenance of the access becomes technically or economically unprofitable.
5 INFORMATION ABOUT THE RIGHT OF WITHDRAWL
Right of Withdrawal
YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN FOURTEEN (14) DAYS WITHOUT GIVING ANY REASON.THE WITHDRAWAL PERIOD WILL EXPIRE AFTER FORTEEN (14) DAYS FROM THE DAY OF THE CONCLUSION OF THIS CONTRACT.TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU HAVE TO INFORM US (TOURBRASSIE GMBH, GRUBMÜHLERFELDSTR. 14 B, D-82131 GAUTING, PHONE: +49 89/89557170, FAX: +49 89/89557169, EMAIL: INFO@TOURBRASSIE.COM) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNAMBIGOUS DECLARATION (E.G. A LETTER SENT BY POST, FAX OR E-MAIL).TO COMPLIE THE WITHDRAWAL PERIOD, IT IS SUFFICIENT FOR YOU TO SEND YOUR DECLARATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.
Consequences of Withdrawal
IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE 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 FOURTEEN (14) DAYS FROM THE DAY ON WHICH WE RECEIVE YOUR COMMUNICATION OF THE WITHDRAWL 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.
End of Information about the right of Withdraw
6 TERMINATION OF CONTRACT, REFUND
6.1 Termination of Contract
6.1.1 The User may terminate the contract at the end of a month with one (1) weeks notice by indicating his whish to do so by email to firstname.lastname@example.org.
6.1.2 Tourbrassie may terminate the contract via email at any time in case of any violation of these Terms, to protect the Database’s and/or the App’s safeguard, or parts of it, or Tourbrassie’s own rights or those of a third party with or without prior notice.
6.1.3 The parties’ right to extraordinary termination of the contract shall remain unaffected.
6.1.4 With the termination coming into effect, the App’s access to the Database will be blocked. The User’s personal information will be deleted after a period of ninety (90) days. The User is obliged to remove the App, including all its components as described in clause 2.1, from all his mobile devices, the App was installed on before, including any backup copies.
If the User terminates the contract within thirty (30) days after initiating the first download of the App and using the App for three rounds of golf or more, Tourbrassie shall refund the User the fee paid by the User for downloading the App or any other fee, due for using the App for this month. Tourbrassie shall not have this obligation in case a breach of these Terms by the User is indicated by facts.
7 APPLICABLE LAW AND PARTIAL INVALIDITY
7.1 German law shall apply to this contract. The application of the United Nations Convention for the International Sale of Goods is excluded.
7.2 The partial invalidity of a single provision or provisions of this contract does not affect the effectiveness of the remaining provisions.
8 ADOPTION OF CONDITIONS
Tourbrassie reserves the right to change these Terms whenever necessary to adapt it to legal changes or subsequent occurring loopholes. In this case, Tourbrassie will inform the User about the changes via e-mail within thirty (30) days prior to the effective date. The changes come into effect if the User does not object the modifications within that period. If he does object, the contract will terminate at the end of the period. With the e-mail mentioned previously, the User will be informed again about this procedure.