GTC

I.

LOCANDY GmbH (hereinafter "LOCANDY") provides its services exclusively on the basis of the following general terms and conditions (GTC). These apply to all legal relationships between LOCANDY and the customer, even if they are not expressly referred to.

The version valid at the time the contract is concluded is decisive. Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by LOCANDY.

Any terms and conditions of the customer, even if they are known, will not be accepted unless otherwise expressly agreed in writing in individual cases. LOCANDY expressly contradicts the general terms and conditions of the customer. LOCANDY does not need to object to the customer's terms and conditions.

Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision must be replaced by an effective one that comes as close as possible to the purpose.

LOCANDY's offers are subject to change and non-binding.

II.

LOCANDY's free services can be revoked, discontinued or changed at any time. These services concern all online and offline services, as well as programs.

LOCANDY's fee-based services are marked accordingly and the service conditions stated there apply.

III.

Use of LOCANDY services is not permitted without consent to these agreements.

IV.

The use of LOCANDY services for business purposes requires a separate license.

  1. License for non-business users

  2. Only users who are fully legally competent or who act with the consent of their legal representatives are eligible to participate.

  3. The user acquires the simple, non-exclusive right, limited in time to the availability of the service, to use the software or services and the third-party content as far as necessary to use the services.

  4. For non-business use …

    • It is forbidden to ask for admission fees, or to create play stations that can only be reached for a fee
    • It is forbidden to advertise a Locandy Quest or tour publicly as an attraction (e.g. on a commercial website of the tourist region, the museum)
    • It is forbidden to advertise or use brand names in a quest
    • Only private use is free
    • Organizations that e.g. Paying salaries and employing staff must pay a small annual service fee (inquiries to office@locandy.com).

  5. Liability

  6. If the user-created content is kept available on the provider's servers, the provider is not liable for damage resulting from the prevention of access to the server, in particular for malfunctions and irregularities caused by the third-party provider. In particular, the user must ensure that there is sufficient network coverage available at the point of access.

  7. The provider is not liable for damage caused by the use or the impossibility of using the program.

  8. The provider is not liable for damage caused by data loss on the provider side.

  9. Despite active surveillance against illegal content or malware, the provider cannot be held responsible for any damage caused by the content of the user.

  10. If you are exposed to content while using the website and the program that is factually incorrect, objectionable or indecent or that you find otherwise disturbing, we give you the opportunity to report such content to us at office@locandy.com . The corresponding notification and moderation by us takes precedence over any other legal steps, insofar as such an exclusion is legally possible.

  11. User-generated content or the programs or the website may contain hyperlinks to websites that neither do not belong to us nor are controlled by us. We cannot accept any liability for the content there.

  12. The limitation of liability does not apply to damage based on injury to the health, body or life of the user. The restriction also does not apply to damage that is based on grossly negligent or willful action on the part of the provider, his vicarious agents or legal representatives. The provider is only liable for slight negligence if a contractual obligation essential for the achievement of the contractual purpose has been violated by the provider, his legal representatives or vicarious agents. These terms and conditions do not affect all legal rights to which every consumer is entitled and which can neither be contractually changed nor canceled.

  13. Warranty
    The program and website will be provided "as is". The provider assumes no guarantee or warranty with regard to them. In particular, the provider does not guarantee or guarantee that the use of the program or the website will meet your expectations, the use of the program or the website will not be interrupted, that it will be done in a timely, safe and error-free manner, that errors in the operation or functionality of any software will be remedied will.

  14. Content

  15. The user acknowledges and agrees that he is solely responsible for the content he has uploaded. The user undertakes not to upload any content that is harmful to young people, in particular pornographic or erotic nature, the same applies to insulting, property or trademark law violating or other illegal content. If this agreement is violated, the user can be permanently blocked. The provider reserves the right to check the content accordingly and, if necessary, to delete it without prior notice and at its own discretion.

  16. The user retains all ownership rights to the uploaded content. Notwithstanding this, it is necessary that the provider and other users of the website and the program are granted restricted rights of use.

  17. The user guarantees and guarantees that he has all the necessary licenses, rights, consents and permits (and will have them for the entire period of your use of the services) that are necessary for the provider to be able to use the uploaded content and otherwise in who can make use of the information on the website and in these terms and conditions.

  18. Rights that the user grants

  19. By uploading content, the user grants the provider a worldwide, non-exclusive and royalty-free license (with the right to sublicense) with regard to the use, reproduction, distribution, production of derivative works, the exhibition and performance of the content in the Connection to the making available of the program and otherwise in connection with the making available of the website, including but not limited to advertising for and the redistribution of all or part of the website (and derivative works based on it) in whatever media format and via which distribution channels; a worldwide, non-exclusive and free license for every user of the website and the program with regard to access to the content as well as with regard to the use, reproduction, distribution, production of derivative works, the exhibition and the performance of such user transmission in the Functionality of the program, the website and the scope permitted under these provisions.

  20. The licensed content expires as soon as the user removes the content.

  21. Temporal validity

Use of the app / services is not possible and is not permitted without consent to the above terms and conditions. The provider reserves the right to change the terms and conditions with effect for the future. In this case, the provider will notify changes to the terms and conditions beforehand, indicating that the changes will be deemed accepted if the changes are not contested within four weeks or as soon as the user calls the service again. We can also inform you about changes to these terms and conditions or other matters by publishing information or links in our offer.

V.

Data protection: The customer agrees that his personal data, namely name / company, profession, date of birth, commercial register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, email address, bank details, credit card data, UID- Number etc.) for the purpose of fulfilling the contract and supporting the customer as well as for our own advertising purposes, e.g. for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for reference to the existing or previous business relationship with the customer (reference note) automation-assisted determination, storage and processing. The client agrees that electronic mail will be sent to him for advertising purposes until further notice.

Furthermore, the access data to the LOCANDY servers (in particular URL of the website, date and time, amount of data, browser type, operating system, IP address etc.) are collected in the so-called server log files. LOCANDY uses the log data only for statistical evaluations for the purpose of operation, security and optimization of the offer. However, the provider reserves the right to check the log data retrospectively if there are reasonable grounds to suspect illegal use.

VI.

The provider and the user agree on the exclusive jurisdiction of Austrian courts to clarify legal questions relating to their legal relationship and these terms and conditions. According to Austrian law, these are to be clarified to the exclusion of the UN sales law.