Terms and Conditions (GTC)

CHECKBILLIARD refers to the services provided subject to these General Terms and Conditions, like App, website and others.

This is a translated version of the original “Allgemeine Geschäftsbedingungen” in German language. The original German version sets the valid version within the meaning of the act and Austrian law.

By logging on to CHECKBILLIARD, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using CHECKBILLIARD.

CHECKBILLIARD operates services under various top-level domains (CHECKBILLIARD.com, CHECKBILLIARD.co.uk etc.) and aliases of these domains, as well as services brought by apps (applications for smartphones, tablets, PCs, etc.). All services provided by CHECKBILLIARD are hereinafter referred to as “CHECKBILLIARD Services”.

These T&Cs shall govern the contract relationship between the User and CHECKBILLIARD, irrespective of which CHECKBILLIARD Service site the User is registered with or logged on to.

The User enters into this agreement upon the use of CHECKBILLIARD services with Checkbilliard GmbH (Ltd.), Fachmarktstrasse 1, 5071 Wals bei Salzburg, AUSTRIA. Additional contact information, commercial registry data, as well as the name of the authorized representative of Checkbilliard GmbH can be found under “Legal information”.

The User can retrieve, print out, download and/or save these General Terms and Conditions under the “Terms & Conditions” link that appears on all CHECKBILLIARD Services at any time, even after the agreement has been closed.

The CHECKBILLIARD Services offer different options to unregistered and registered users: a) free and anonymous membership (with limited features), b) for registered users a free (in functions extended but limited features) and c) several paid memberships (with more advanced features hereinafter referred to as “Paid Memberships”, “Gold membership” or “Subscriptions”).

Details about the applicable fees for the Paid Membership Editions are set out on the CHECKBILLIARD websites under “http://www.CHECKBILLIARD.com”. The fees listed are binding. Payments for the Paid Membership Editions shall be due immediately upon invoicing. Payment can be made using the various payment facilities available, in particular via the accepted credit cards, or the available online payment systems. If CHECKBILLIARD is unable to collect fees from an account designated by the User due to lack of funds, the User shall bear all costs arising from this, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. CHECKBILLIARD may deliver invoices to the User for Paid Memberships by email. Invoices and payments are operated by outsourced partners.

Any use of the services and content offered on the CHECKBILLIARD Services beyond the scope of options provided by CHECKBILLIARD requires the prior written consent of CHECKBILLIARD. This is especially valid for all of the provided content like drawings, workouts, exercises, systematic, drills, CID, etc. All content is intellectual properties of Checkbilliard. Any violation will be prosecuted!

CHECKBILLIARD shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these T&Cs. CHECKBILLIARD is entitled to remove any illegal or prohibited data and/or information from CHECKBILLIARD Services without prior notice to the User.

The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the CHECKBILLIARD Services. CHECKBILLIARD shall nonetheless endeavor to keep CHECKBILLIARD Services available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond CHECKBILLIARD’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on CHECKBILLIARD Services.

Users must register prior to using any of the services on the CHECKBILLIARD Services, with the exception of the anonymous basic version.

The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes to the registration data to CHECKBILLIARD or change them in his personal user profile without undue delay.

The User shall not use pseudonyms or nick names.

The user assures that he is of legal age at the time of registration and / or a permit his legal representative / guardian has that he will send unrequested during the registration at CHECKBILLIARD in copy via email or mail.

The User shall choose a password upon registration. The User is obliged to keep this password secret. CHECKBILLIARD shall not disclose the password to any third party and CHECKBILLIARD shall not ask for the User’s password at any time.

By completing the registration process, the User consents to enter the agreement to use the services of CHECKBILLIARD. CHECKBILLIARD accepts this offer by activating the membership for the use of services on CHECKBILLIARD Services. The agreement takes effect with the aforementioned acceptance by CHECKBILLIARD.

Each User is entitled to register with CHECKBILLIARD only once.

If a company uploads a logo for branding purposes, CHECKBILLIARD is allowed to use this logo for marketing purposes on the website.

The user agrees to the receiving of appropriate info-mails (newsletters) from CHECKBILLIARD for the duration of the period of use.

If a user is registered at CHECKBILLIARD for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§3 Austrian Civil Code (KSchG)):

Right of “Cooling off Period”

The User may cancel registration for the Free and Paid Memberships in writing (e.g. by letter or email) within seven (7) working days without stating a reason. The period begins when the membership is activated by CHECKBILLIARD.

Furthermore, the User may cancel registration for the Paid Membership in his personal user profile within two (2) weeks without stating a reason, after changing from Free Membership to a Paid Membership. The two-week period begins when the Paid Membership is activated by CHECKBILLIARD.

Some Memberships have a trial version in which the user can cancel the membership at any time. After the trial, the payment is processed and an invoice is issued. After receipt of the invoice the user can not cancel the current payment.

Cancellation shall be done by user in his user profile by receiving and confirmation mail automatically.  The User may deliver notice of termination using the form available on all CHECKBILLIARD Services.

The User’s right of termination under section “Termination of Membership, Reimbursement of Advance Payments” shall not be affected by the User’s cancellation right under this section.

Premature lapse of the right of cancellation

In accordance with §5f KSchG (Austrian Consumer Protection Act), the User’s right of cancellation lapses before the end of the right of cancellation period cited in the previous section, in the following cases.

If CHECKBILLIARD has begun performing the CHECKBILLIARD services for which the User is registered with the express consent of the User, or

If the User has initiated the CHECKBILLIARD services for which the User is registered (e.g. in which the User has accessed the CHECKBILLIARD services that CHECKBILLIARD has made available to the User in accordance with the type of Membership chosen by the User at registration).

Consequences of cancellation

In the event of a valid cancellation of a Paid Membership, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them to CHECKBILLIARD in poor condition, then the User must reimburse CHECKBILLIARD for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.

The User is obligated to refrain from using any pseudonyms or nick names.

To comply with all applicable legislation, and respect all third-party rights, in particular, the User shall not

Use any insulting or defamatory content, regardless of whether said content is directed at another user or CHECKBILLIARD personnel or other companies

Use any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which does not comply with any applicable legislation for the protection of minors

Unreasonably annoy (particularly with spam) any other user (cf Austrian Unfair Competition Act)

Use any content protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law without authorization.

Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

The User is prohibited from the following:

Employing any mechanisms, software or scripts when using CHECKBILLIARD Services. However, the User may use the interfaces or software provided by CHECKBILLIARD within the scope of the services available on the CHECKBILLIARD Services.

Blocking, overwriting, modifying and copying of any content of the CHECKBILLIARD Services, unless said actions are necessary for the proper use of the services on the CHECKBILLIARD Services. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the content of any of the Services of CHECKBILLIARD or any other user

Performing any actions which may impair the operability of CHECKBILLIARD’s infrastructure, particularly actions which may overload said infrastructure.

CHECKBILLIARD reserves the right to modify the services offered on the CHECKBILLIARD Services and/or to offer services different from those offered at the time of the User’s registration at any time, unless this is unreasonable for the User.

The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all CHECKBILLIARD Services at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the CHECKBILLIARD Services.

The User may terminate the Paid Membership without cause to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all CHECKBILLIARD Services, or by sending a fax or letter to CHECKBILLIARD. The termination notice shall include the registered name of the User and an email address of the User registered on the CHECKBILLIARD Services. If the User has terminated the Paid Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.

A good cause is defined as an event which makes it unacceptable for CHECKBILLIARD to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of CHECKBILLIARD against the User’s. A good cause includes any the following events:

If the User fails to comply with any applicable legal provisions

If the User breaches a contractual obligation, in particular an obligation set forth in sections 3 and 5 of these GTC

If the reputation of the services offered on the CHECKBILLIARD Services is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);

If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the User causes harm to any other user(s)

If the User is a member of a religious sect or a denomination that is controversial in Germany.

In the event of a good cause in accordance with this section and notwithstanding CHECKBILLIARD’s right to terminate the contract in accordance with this section, CHECKBILLIARD is entitled to:

Delete the content posted by the User

Issue a warning, or

Block the User’s access to the services on the CHECKBILLIARD Services.

In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

If CHECKBILLIARD has terminated the contract for good cause pursuant to section 7,

If CHECKBILLIARD has blocked the User’s access in accordance with section 5, or

If the User has terminated the agreement. However, the User’s right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to CHECKBILLIARD.

CHECKBILLIARD does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the CHECKBILLIARD Services or on any external websites linked to them. In particular, CHECKBILLIARD does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these T&Cs (including the use of pseudonyms or false identities) using the contact form available at all CHECKBILLIARD Services.

Queries regarding agreement with CHECKBILLIARD or regarding CHECKBILLIARD services can be sent by the customer to CHECKBILLIARD using the contact form available anytime on all CHECKBILLIARD Services, or by sending a fax or letter.

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against CHECKBILLIARD (including its vicarious agents) shall exist only if CHECKBILLIARD breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims is limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by CHECKBILLIARD’s business liability insurance, provided the insurance company has effected payment to CHECKBILLIARD. CHECKBILLIARD undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims based on the Austrian Product Liability Act.

The User shall indemnify and exempt CHECKBILLIARD from all actions, including damage claims, asserted by other users or third parties against CHECKBILLIARD resulting from an infringement of their rights by the content posted by the User on CHECKBILLIARD Services. Furthermore, the User shall indemnify and exempt CHECKBILLIARD from all actions, including damage claims, asserted by other users or third parties against CHECKBILLIARD resulting from an infringement of their rights regarding the use of the services on CHECKBILLIARD Services by the User. The User assumes all reasonable costs CHECKBILLIARD incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by CHECKBILLIARD, are hereby unaffected.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

In the event the content posted by the User infringes any rights of any third party, the User shall, at its own expense and at CHECKBILLIARD’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of CHECKBILLIARD Services, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by CHECKBILLIARD.

CHECKBILLIARD recognizes that any data provided by the User to CHECKBILLIARD is extremely important to the User, and CHECKBILLIARD shall therefore be particularly sensitive in handling such data. CHECKBILLIARD shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, CHECKBILLIARD shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on CHECKBILLIARD’s treatment of the User’s data are set forth in the Privacy Statement of CHECKBILLIARD accessible from each of the CHECKBILLIARD Services.

When the User posts his or her contribution to a forum, the User grants CHECKBILLIARD an unlimited, irrevocable and assignable right of use for the respective contribution, which CHECKBILLIARD is entitled to utilize for any purpose. In particular, CHECKBILLIARD is entitled to keep said contribution on the forum, and on its Services and the Services of its partners, or use it for marketing the forum in any other way.

Consequently, CHECKBILLIARD has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of CHECKBILLIARD. Copying, downloading, dissemination, distribution and storing of the contents of CHECKBILLIARD and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.

Any other content (especially mind maps) belong to the user and CHECKBILLIARD fully recognizes this rights.

These T&Cs and any amendments thereto must be in writing to be valid. No secondary agreements exist.

CHECKBILLIARD reserves the right to amend these T&Cs at any time, without giving reasons, unless an amendment is unreasonable to the User. CHECKBILLIARD shall give due notice of any amendments of these T&Cs to the User. If the User does not object to the applicability of the revised T&Cs within two (2) weeks after receipt of said notice, the amended T&Cs shall be deemed to be accepted by the User. CHECKBILLIARD shall inform the User about the User’s right to object and of the relevance of the objection deadline in said notice.

Unless otherwise stated in these T&Cs, the User may submit all notices to CHECKBILLIARD using the contact form provided on each of the CHECKBILLIARD Services, or by letter or fax. CHECKBILLIARD may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

If any provision of these T&Cs is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.

The place of performance under these T&Cs shall be CHECKBILLIARD’s main place of business.

Place of jurisdiction, insofar as legally admissible, shall be the main place of business of CHECKBILLIARD.

These T&Cs and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Austrian Law.

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