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General Terms and Conditions of

the Gigchat UG (haftungsbeschränkt)

 

The General Terms and Conditions (hereinafter GTCs) of Gigchat UG (haftungsbeschränkt), for the use of the services made available through the mobile application (the “App”) liable to cost offered on the website www.gigchat.com of Gigchat UG (haftungsbeschränkt) or through the App. You agree to be bound by the following Terms of Service. Gigchat UG (haftungsbeschränkt) reserves the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

 

§ 1 Scope of Application

 

(1)

The GTCs are applicable to all services, which require registration, especially all content and services that are liable to cost. The GTCs govern the contractual relationship for the use of all offers liable to cose made by Gigchat UG (haftungsbeschränkt) and to all services rendered by Gigchat UG (haftungsbeschränkt) within this contractual relationship.

 

(2)

The GTCs are available on www.gigchat.com and can be printed. They apply to all services, provided that no provisions, that are more specific, apply.

 

(3)

Gigchat UG (haftungsbeschränkt) reserves the right to modify there GTCs in the future, e.g. to account for changes in the applicable law, changes to the services or statutory gaps. Gigchat UG (haftungsbeschränkt) will submit changes to the GTCs in adequate form. The changes become effective, when the user does not object to the changes within four weeks of receiving the notification thereof. When notifying the user of the changes, Gigchat UG (haftungsbeschränkt)will point out the right to object and the legal consequences of a failure to object. If the user objects within the states period of time, the current contractual provisions remain in force. Any rights of termination remain unaffected. 

 

(4)

In case of conclusion of a contract, the contract is formed exclusively between the user and Gigchat UG (haftungsbeschränkt). 

 

(5)

All terms/provisions that differ from Gigchat UG (haftungsbeschränkt) GTCs are not applicable. We hereby object to the application of any GTCs that dissent from Gigchat UG (haftungsbeschränkt) GTCs. 

 

§ 2 Object of Services 

 

The services liable to cost of Gigchat UG (haftungsbeschränkt) on www.gigchat.com provided through the App include a communication platform marketplace for local services. The users are divided in two groups, namely “Customers” (those in search for a service provider) and “Pros”(those offering to provide a service). Each user can be both. 

 

Gigchat UG (haftungsbeschränkt) only provides a communication platform for the users; other than providing the services through the App, no further contractual obligations are constituted between Gigchat UG (haftungsbeschränkt) and the user. 

 

§ 3 Conclusion of Contract

 

(1)

Gigchat UG (haftungsbeschränkt) concludes contracts for services through the App liable to cost on the website www.gigchat.com exclusively with persons over the age of 18 or with users, which conclude the contract with the consent of their legal guardian hereto.

 

Gigchat UG (haftungsbeschränkt) hereby grants the user a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”).  All other rights in the App are reserved by Gigchat UG (haftungsbeschränkt). 

 

In the event of the breach of these GTCs Gigchat UG (haftungsbeschränkt)  will be entitled to terminate the User Licence immediately.

 

The user acknowledges that their agreement with their mobile network provider (“Mobile Provider”) will apply to their use of the App. The user acknowledges that he or she may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and the user accepts responsibility for such charges. 

 

The user acknowledges that where he or she uses services provided by Apple or Google (or any other third parties) in connection with their use of the App, the user will be subject to Apple’s, Google’s (or the applicable third party’s) terms and conditions and privacy policy and he or she should ensure that they have read such terms.

 

(2)

By confirming and clicking the button „order“ „purchase? Downloading the app“, the user accepts these GTCs in their entirety. The use of any services liable to cost of the Gigchat UG (haftungsbeschränkt) is excluded without the prior consent to the GTCs. The order process will not be executed without the confirmation that the GTCs have been taken note of and accepted and confirmation thereof by ticking the respective box. The current GTCs may be accessed, downloaded and printed. 

 

(3)

By clicking on the button „order“ „puchase“? Downloading the app the user makes a binding offer. Gigchat UG (haftungsbeschränkt)is not legally obliged to accept the users offer.

 

 

(4)

The entering and transmission of personal data by the user takes place solely online via the entry mask provided by Gigchat UG (haftungsbeschränkt) on the provided App.

The user is exclusively responsible for the accuracy and completeness of any of his data provided via the entry mask. 

In case the user submits inaccurate or untrue personal data, Gigchat UG (haftungsbeschränkt) reserves the right, to block the user from using , Gigchat UG (haftungsbeschränkt) services and to claim compensation for any damages incurred. 

 

§ 4 Right to Revocation

 

In case the user is a customer („Verbraucher“) according to § 13 BGB (German Civil Code), i.e. the purchase is made primarily not for his commercial or freelance professional activity, a right to revocation (Widerrufsrecht) exists in accordance with the following provisions of the “App Store” by Apple or the “Play”-Store by Google:

 

https://support.apple.com/de-de/HT204084

and/or

https://support.google.com/googleplay/answer/2479637?hl=de

 

§ 5 Prohibited uses

 

In addition to other terms as set forth in the Agreement, the users are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate the use of the Service or any related mobile application for violating any of the prohibited uses.

 

§ 6 Liability

 

(1)

Regarding contracts for services liable to cost Gigchat UG (haftungsbeschränkt)is liable according to the statutory provisions for all damages incurred by the user, that result from intentional or grossly negligent behaviour.

 

 

 

(2)

With regard to damages, caused by a negligent violation of Gigchat UG (haftungsbeschränkt) contractual duties, Gigchat UG (haftungsbeschränkt) is liable only for damages typical for the contract and foreseeable.

Duties typical for the contract are duties, which are essential for the execution of the contract and on the performance of which the other party may regularly rely on and the violation of which endangers the achievement of the contractual purpose.

 

(3)

There is no further liability by Gigchat UG (haftungsbeschränkt). 

 

§ 7 Indeminification

 

The users agree to indemnify and hold Gigchat UG (haftungsbeschränkt) and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to the users Content, the users use of the Mobile Application or Services or any wilful misconduct on the users part.

 

§ 8 Warranty

 

Statutory provisions for warranties apply to the extent that warranty claims can exist for the respective type of services. The users agrees that their use of our Mobile Application or Services is solely at their own risk. The users agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet the users requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. The users understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at their own discretion and risk and that they will be solely responsible for any damage to their computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

§ 9 Intellectual property rights

 

This Agreement does not transfer the users any intellectual property owned by Gigchat UG (haftungsbeschränkt) or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Gigchat UG (haftungsbeschränkt). All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Gigchat UG (haftungsbeschränkt) or Gigchat UG (haftungsbeschränkt) licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. The use of our Mobile Application and Services grants no right or license to reproduce or otherwise use any Gigchat UG (haftungsbeschränkt) or third-party trademarks to the users. 

 

§ 10 Acceptance of these terms

 

The user acknowledges that he/she have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services the user agrees to be bound by this Agreement. If the user does not agree to abide by the terms of this Agreement, he/she is not authorized to use or access the Mobile Application and its Services.

 

§ 11 Changes and amendments

 

Gigchat UG (haftungsbeschränkt) reserves the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. Gigchat UG (haftungsbeschränkt) will post a notification in the Mobile Application. Continued use of the Mobile Application after any such changes shall constitute the users consent to such changes.

 

§ 12 Final Provisions, Applicable Law

 

(1)

These GTCs are the final agreement between Gigchat UG (haftungsbeschränkt) and the user.

Additionally, the law oft he European Union and the Federal Republic of Germany are exclusively applicable between the parties.

 

(2)

The place of jurisdiction is Landgericht Berlin, Deutschland. 

 

(3)

If and to the extent these GTCs or parts thereof should be void or should become void, this does not affect the validty of the remains GTCs or the GTCs as a whole. For a void GTC or an ommission in the GTCs, it is agreed what would have been agreed in light of the spirit and purpose of the contract. For the interpretation in this regard the GTCs and the services provided by Gigchat UG (haftungsbeschränkt) are to be considered. 

 

(4)

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.