General Terms and Condition:

 

General Conditions of Use
for the mobile application “Fortunica”- a brand of adviqo AG.

 

Fortunica is a mobile application (hereinafter referred to as “application”), which is operated by adviqo AG, Zimmerstrasse 68, 10117 Berlin (hereinafter referred to as “adviqo”).
The contractual partner for the purchase of the application is iTunes S.a.r.l. The conditions of use of the APP Store of iTUNES S.a.r.l. apply http://www.apple.com/legal/itunes/de/terms.html#APPS.

 

Additionally:

 

1.    Subject of the Contract

1.1    adviqo offers users of the application the facility to make use of free and paid advice services. By registering the user can conduct a  fee-based question and answer dialogue with advisers; without registering the user can follow dialogues free of charge and anonymously in the “time stream”. The respective adviser is also available by telephone directly from the application. To access the telephone advice service it is necessary to register again in the adviqo call centre. The registration of the application itself is free of charge.

 

1.2    Information is not suitable or intended to replace professional advice by members of the appropriate professions. adviqo advisers are expressly prohibited from providing medical, legal and tax information. The acceptance of advice from information lies outside the responsibility of adviqo. In this respect every user acts on their own judgement and responsibility

 

2.    Conclusion of the Contract

The user asks either a randomly chosen or a particular adviser a question. The user is then asked to confirm the charges for this question. The confirmation constitutes an offer by the user. The answer to the question constitutes acceptance of the offer.

 

All contracts arise with adviqo AG and not with iTUNES S.a.r.l., the operator of the APP STORE or with the adviser. iTunes S.a.r.l. is merely the contractual partner for the purchase of the application.

 

3.    adviqo Services

adviqo points out that users make use of paid services the basis and effects of which are not always provable in accordance with scientific and technological evidence, but may only correspond to an inner conviction, belief in this regard or to an irrational attitude on the part of the user or adviser, which may be incomprehensible to third parties. The suitability and effectiveness of these services in achieving the success desired by the user may not be rationally explicable.

 

3.1    adviqo provides the functionality of the application. The user is not entitled to have the question answered in a particular way.

 

3.2    The application services may be supplemented or amended to improve them or to adapt them in regard to content, legal requirements and technical developments. Furthermore, adviqo expressly reserves the right to terminate all or parts of the application either temporarily or permanently.

 

3.3    adviqo shall endeavour to maintain the uninterrupted accessibility and use of the application. However, even after taking all reasonable care downtimes cannot be excluded, for example – due to maintenance work and software updates, technical and other problems beyond the influence of adviqo. The service of adviqo is restricted to the provision of the application within the limits of technical and operational possibilities. The user shall have no claim in respect of downtimes. Furthermore adviqo makes no warranty in respect of the connection, maintenance and technical quality of communication.

 

4.    Right of Cancellation

If the user is a consumer under Section 13 BGB [Bürgerliches Gesetzbuch, German Civil Code, hereinafter “BGB”] he has a right of cancellation. Consumer is any natural person who enters into a transaction for a purpose that cannot be ascribed to a commercial or independent business activity.

 

NOTICE OF CANCELLATION

 

Right of Cancellation

You may cancel your contractual declaration within one month without giving reasons, in writing (e.g. letter, fax, email). The period of notice shall commence after receipt of this notice in writing, however not prior to the conclusion of this contract and also not before complying with our obligations to provide information as defined in Article 246 Section 2 in conjunction with Section 1 subsections 1 & 2 EGBGB [Introductory Act to the Civil Code] and our obligations under Section 312g BGB in conjunction with Article 246 Section 3 EGBGB. The timely despatch of the cancellation suffices for compliance with the cancellation period. The cancellation should be sent to:

 

adviqo AG
Management Board: Sylvius Bardt, Klaus Lechner
Zimmerstrasse 68
10117 Berlin
Fax: +49 (0)30 224455-9100
Email: info (at) adviqo (dot) com

 

Consequences of Cancellation

In the event of a valid cancellation the mutually received benefits are to be reimbursed and any derived profits (e.g. interest) returned. If you are unable to reimburse us or return to us the received benefit or use (e.g. benefits of use) in full, or only in part, or only in a deteriorated condition,then you must pay us compensation. This may result in you nevertheless having to fulfil the contractual payment obligations for the period up to the time of cancellation. You must fulfil your obligations to pay compensation within 30 days. Your time limit begins with the despatch of the notice of cancellation; our time limit begins when we have received it.

 

Important Notice

Your right of cancellation may expire if the contract has been mutually completed on your express request, before you have exercised your right of cancellation.

 

END OF NOTICE OF CANCELLATION

Your right of cancellation does not apply if you actively and directly access the advice services via telephone or fax in accordance with Section 312d subsection 4 No. 7 BGB

 

5.    Usage Rules

5.1    The user may use the application solely for private purposes; commercial use is prohibited.

 

5.2    adviqo takes into consideration the cultural and religious interests of third parties. The application may only be used within the current legal framework and conditions of use. The user is therefore specifically prohibited from asking for information which: infringes the rights of third parties, is harmful to young persons, has extreme political content whether left or right-wing in nature, is deceptive, offensive, pornographic, glorifies violence, or is in any other way objectionable or violates applicable law.

 

5.3    adviqo reserves the right, not to answer or communicate questions if they contain statements which are: offensive, libellous, insulting, threatening, obscene, pornographic or in any other way illegal or offend common decency; or if the question cannot be answered for logical reasons e.g. because there is no interrogative clause. adviqo’s right to compensation is nevertheless applicable in these cases.

 

5.4    It is prohibited to disseminate viruses, Trojan horses or any other harmful data or content via the application. The use of the application is prohibited if there is a risk of damage to telecommunications equipment or any other technical devices, or if it could result in an unreasonable or excessive load on the application. It is further not permitted to use the application in any way which adversely affects the availability of the application or its services for other users.

 

5.5    The unrestrained use of the chargeable services of the application can lead to high financial costs. The user is responsible for monitoring his usage behaviour and the resulting payment obligations.

 

6.    Prices and Billing

6.1    The user is informed of the current price for a question before the question is despatched. The user confirms the charges.

 

6.2    The invoicing of the applicable charges takes place immediately after confirmation of the price of the question via the provider of the APP Store, iTunes S.a.r.l., in accordance with the user’s chosen payment method.

 

6.3    All of adviqo’s prices and charges are inclusive of the currently applicable VAT.

 

7.    Warranty
adviqo excludes to the extent permitted by law any warranty for the free application, in particular in relation to merchantable quality, fitness for a particular purpose, non-infringement of proprietary rights, security, reliability and for the availability and performance of the application. The user uses the application at his own risk. The user has the possibility of exercising warranty rights against the operator of the APP Store, iTunes S.a.r.l. In the event of a warranty claim iTunes S.a.r.l. may be willing to cancel the purchase of the application.

 

8.    Liability

8.1    In the event of a deliberate or grossly negligent breach of these obligations and in the case of culpable injury to life, limb or health, adviqo shall be liable for all resulting losses without limitation, unless otherwise agreed as follows.

8.2    In the case of gross negligence by non-managerial staff, adviqo’s liability for material and financial loss is limited to the foreseeable loss in standard contractual practice. This does not apply to the breach of material contractual obligations. Material contractual obligations are those whose fulfilment enables the proper performance of the contract and whose breach jeopardises the purpose of the contract and whose observance the contracting parties can usually and reasonably expect to rely on.

8.3    In the case of ordinary negligence adviqo shall be liable for material and financial losses only in the event of breach of material contractual obligations; liability is limited to the foreseeable loss in standard contractual practice. This also applies to loss of profit and anticipated savings.

8.4    Any further liability for damages is excluded regardless of the legal nature of the claim asserted. This applies in particular to unlawful actions as defined in Sections 823, 831 BGB.

8.5    Any unlimited liability of adviqo pursuant to the regulations of German product liability law or due to fraud, the absence of a warranted quality or the acceptance of a warranty shall remain unaffected by the foregoing limitation of liability.

8.6    With the current state of technical development, communication via the internet cannot be guaranteed to be error-free or always available, therefore adviqo accepts no liability for the permanent availability of the application, the advice services or downtimes. Furthermore adviqo shall not be liable for the unauthorised access of third parties to users’ data, provided adviqo is not responsible for it.

 

8.7    The user shall indemnify adviqo and its associated companies as defined in Sections 15 ff of the German Stock Corporation Act against all claims by third parties in respect of culpable breach of the user’s contractual obligations, including adviqo’s legal costs of defending such claims, including attorney’s fees to the statutory amount.

 

9.    Rights of Use

9.1    adviqo is owner of all rights to the application, in particular the right of reproduction, distribution or translation, even of parts of it, and the rights to the source code. The application may not be reproduced, altered, adapted, translated, decompiled or reverse engineered in any form without the prior written consent of adviqo. Furthermore the production of derivative works therefrom is prohibited. The application may not be sold or in any other way temporarily or permanently transferred to third parties.

 

9.2    The user confers to adviqo the right, unrestricted in terms of territory and duration, to use without further consent materials or content including pictures, videos, texts made available to adviqo for the application services and for adviqo’s promotional purposes and with adviqo’s associated companies as defined in Section 15 of the German Stock Corporation Act; to duplicate and distribute; to display; and to transmit and to process via long-distance lines or by wireless link; and to exploit in any way known or as yet unknown; to use in particular material and content for adviqo’s promotional purposes within and outside the application, online, offline and via TV. In the event that third parties assert claims arising from the use of materials or content, the user warrants that he is the owner of all rights conferred to adviqo and indemnifies adviqo against all claims, irrespective of legal grounds. The user ensures that any rights under Sections 12, 13 Clauses 2 and 25 Copyright Act (those are the rights of authors in relation to the publication, authorial attributions and access to the works) cannot be asserted. adviqo may, without prior consent of the user, grant rights of use to third parties or at his own discretion confer acquired rights to third parties in whole or in part.

 

 

Conditions of Use status 14.08.2013
All rights reserved. This document may not be reproduced in any form whatsoever whether in whole or in part without prior written consent.