General terms and conditions

§ 1 Subject matter of the contract and conclusion of the contract

(1) The provider Petros IT UG (hereinafter referred to as: provider) offers an online platform to customers (in the The following: customer), on which football betting games can be created and managed.

(2) The customer has the possibility to choose between different packages. Among them is a free of charge package with limited scope of use, which includes advertisements For advertising freedom and a larger range of functions, the customer can book one of the offered fee-based packages. The accurate The scope of services depends on the service description on the website of the provider under cupkick.de (hereinafter the website).

(3) The use of the services requires the customer to register on the website. After booking an package, the customer receives an order confirmation from the provider via e-mail or in writing, whereby the contract comes about.

(4) After successful booking, the customer can use an administrative account to configure the betting community and distribute invitations to participants in the betting community (hereinafter referred to as participants).

(5) The supplier concludes the contract with entrepreneurs and consumers. The customer is a consumer in the sense from § 13 BGB, as far as the purpose of the ordered deliveries and services is not predominantly his commercial or can be attributed to self-employed professional activity. On the other hand, according to § 14 BGB (German Civil Code) natural or legal person or partnership with legal capacity, who, upon conclusion of the contract in exercise of their commercial or self-employed professional activity.

(6) The contract is concluded in German.

§ 2 Duration and termination

(1) The contract is valid for the duration of a tournament or season (currently the performance is limited to European Football Championship 2020 in Russia).

(2) The contract ends automatically at the end of the tournament (final whistle) or at the end of the last matchday of a season, without the need for a cancellation.

<(3) The right to extraordinary termination without notice for good cause remains untouched. An important reason is given in particular if the customer is in default of payment according to § 4 Paragraph 5 or the customer or participants of the customer is a manipulation of the source code or the software of the typing system.

§ 3 profits

(1) The customer has the possibility to raffle prizes to the best participants in the betting games. The Winnings are defined and financed by the customer per match day or season.

<(2) The participant has a legal claim against the provider for an allocation of the prize not. The customer is solely responsible for the allocation of winnings.

§ 4 Prices, payment processing and default

(1) The fees stated on the website and in offers of the provider at the time of the conclusion of the contract. All prices, which are indicated on the website of the provider, are subject to the respective valid legal sales tax, unless otherwise stated.

(2) Payment shall be made by invoice, unless otherwise agreed. The payment is due 14 days after the order. A discount is not granted. Bills of exchange or cheques are only accepted by agreement and only accepted on account of performance and shall only be deemed to have been accepted after they have been redeemed and finally credited Payment. Discount and collection charges are to be borne by the customer.

(3) The customer is in default after the expiry of the payment term agreed on an invoice or request for payment, even if this is received directly at the time of conclusion of the contract, in default. In case of default of payment the customer shall the provider for the year default interest in the amount of 5 percentage points above the statutory base rate at pay. If the customer is an entrepreneur, the 9 percentage points above the statutory base rate.

(4) The obligation of the customer to pay interest on arrears shall exclude the assertion of further Damage caused by the provider due to delay does not result from.

(5) If a possible default of the customer lasts longer than 30 calendar days, he shall allow bills of exchange or cheques protest or if a petition is filed to open insolvency proceedings against his assets, the Provider is entitled to terminate the contractual relationship for good cause with immediate effect.

§ 5 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are Claims for damages by the customer arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages, which on an intentional or grossly negligent breach of duty of the provider, his legal obligations or representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary for the is necessary to achieve the objective of the Treaty.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the typical contractual obligations, foreseeable damage, if this was caused by simple negligence, unless it is Claims for damages of the customer from an injury to life, body or health. <(3) Liability for loss of profit is excluded vis-à-vis entrepreneurs, subject to paragraph 1.

(4) The provider points out that the customer is responsible for compliance with data protection regulations, in particular according to the BDSG and the DSGVO, and the participants accordingly to ...has taught you.

(5) The game results are obtained and synchronised by an external provider. The provider does not guarantee the correctness of the displayed data. In the event of errors, a note is sent to the Provider requested. The provider will then correct the data manually.

(6) The provider points out that, according to the current state of the art, it is not possible to produce hard- and software in such a way that it works error-free in all application combinations or is protected against manipulation by third parties can be protected. The provider does not guarantee that the used or provided hardware and software meet the requirements of the customer, suitable for specific applications and that it is crash, error and virus free. The provider guarantees to the customer only, the hardware and software used or provided at the time of transfer, under normal operating conditions and under normal maintenance essentially as specified in the specifications works.

(7) The limitations of liability also apply in favour of the legal representatives and vicarious agents of the provider, if claims are made directly against them.

§ 6 Right of withdrawal

<(1) In principle, consumers have a legal right of withdrawal when concluding a distance selling transaction, about which the provider provides information in accordance with the legal model below. The exceptions to the The right of withdrawal is regulated in paragraph (2). Paragraph (3) contains a model revocation form.

Cancellation instruction

right of withdrawal

In order to exercise your right of withdrawal, you must provide us with a clear declaration (e.g. a letter sent by post letter, fax, telephone call or e-mail) about your decision to withdraw from this contract, inform. You can use the attached sample revocation form for this, but it is not is prescribed.

To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

consequences of withdrawal

If you revoke this contract, we will have all payments we have received from you, immediately and at the latest within fourteen days of the date on which the notification of your revocation of this contract has been received by us. For this repayment we use the same Means of payment used by you in the original transaction, unless you were expressly agreed otherwise; under no circumstances will you be charged for this repayment calculated.

<(2) The right of withdrawal shall expire in the case of a contract for the supply of goods not based on a physical digital contents on data carriers, even if the entrepreneur is not involved in the execution of the contract after the consumer has expressly agreed that the trader has started the execution of the contract of the contract begins before the end of the withdrawal period, and has confirmed that he is aware of the fact that loses his consent with the beginning of the execution of the contract his right of withdrawal.

<(3) The provider shall provide information on the model revocation form in accordance with the statutory provisions as follows:

.

sample revocation form

(If you want to cancel the contract, please fill out this form and send it back to us)

- An:

Petros IT UG (limited liability)

85368 Moosburg

or by e-mail: info@petrosit.de

on the conclusion of the following services (*)/

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of communication on paper)

- Date

<(*) Delete as applicable

The revocation can also be declared by telephone: telephone: 08761 74099 30

§ 7 Third party rights

(1) The customer can upload his own logos on the website and publish content in a chat. The Customer hereby confirms to the Provider that he is the owner of the rights to the uploaded materials and not to infringe the rights of third parties. In particular it is pointed out that the use of logos of companies, associations, etc. may constitute a trademark infringement if the respective rights holder does not agrees with the use of it.

(2) The customer is responsible for the contents of the materials provided by him. The provider does not adopt them as his own and is not obliged to check them for legality and check.

(3) In particular, the customer undertakes to refrain from pornographic, right-wing or left-wing extremist, racist, discriminating, endangering young people, glorifying violence or the constitution of the Federal Republic Germany to not make infringing content available to the provider.

(4) If the provider is nevertheless informed by third parties or state institutions of the violation of your rights by the use of the materials provided by the customer, the customer shall be entitled to the customer undertakes to indemnify the provider from all claims and to pay all costs incurred by Provider by the use or by the removal of an illegal condition resulted are to be worn.

(5) The release by the customer from claims against the provider applies here in particular to infringement of copyrights, trademark rights, competition rights or other property rights of third parties and includes in particular the legal defence costs of the provider. All further rights and Claims for damages of the provider remain unaffected.

(6) The customer is also responsible for violations of the participants of his play groups according to the above paragraphs on.

§ 8 Data protection

(1) The customer is with the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and DSGVO. A passing on of data to third parties does not take place, unless this is necessary for the execution of the contract.

(2) The rights of the customer are derived in detail in particular from the following standards of DSGVO:

- Article 7 (3) - Right of revocation of a data protection consent

- Article 15 - Data subject's right of access, right to confirmation and provision of a Copy of personal data

- Article 16 - Right of rectification

- Article 17 - Right of cancellation ("right to be forgotten")

- Article 18 - Right to limit processing

- Article 20 - Right to data transferability

- Article 21 - Right of objection

- Article 22 - Right not to be subject to an exclusively automated processing - including profiling - to be subjected to a decision based on the facts

- Article 77 - Right of appeal to a supervisory authority

(3) To exercise the rights, the customer is asked to contact us by e-mail to info@petrosit.de or in case of complaint to the competent supervisory authority.

§ 9 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution is available at accessible:

https://ec.europa.eu/consumers/odr/

<(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

§ 10 Place of jurisdiction and applicable law

(1) The business relations between the provider and the customers are subject to the law of the Federal Republic of Germany Germany under exclusion of the UN sales law.

(2) Place of jurisdiction and place of performance at the registered office of the supplier in Moosburg, if the customer is a merchant in the sense of the HGB or a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or is a resident or habitual residence is not known at the time the action is brought.

§ 11 Scope of application of the GTC and amendments

(1) By placing an order, the customer declares his agreement with the applicable general terms and conditions okay. Differing terms and conditions of the customer will not be accepted, unless otherwise agreed. A The corresponding agreement must be in writing to be valid.

<(2) The General Terms and Conditions may be amended by the Provider with due observance of the interests of the customer.

§ 12 Severability clause

If any provision of these general terms and conditions should be or become invalid, the The validity of the General Terms and Conditions of Business is not otherwise affected. Instead of the ineffective provision shall include a provision which, as far as legally possible, is consistent with the will of the parties on next. The same applies in the event of a loophole in the regulations.

Last update: 01.06.2018

Translated with www.DeepL.com/Translator (free version)