Condiciones generales de contrato

"cathClick" is a registered individual enterprise and a serious facility that provides communication for  catholics, who want to get into contact with like-minded people. This communication takes place on the internet via the server of cathClick. cathClick offers a search machine, online inboxes and the possibility for online discussions.  

Par. 1 Application of terms and conditions / privacy protection

The following terms and conditions apply for all areas of operations of cathClick. The offers and services of cathClick for it's members are exclusively carried out on the basis of these general terms and conditions. We inform you that advertised events and trips are not organised by cathClick but by the individual organizer. In the case of participation, the terms and conditions of the organizer apply.

By filling out the respective form, the member irevocably agrees to the saving of provided data in the member database of cathClick as well as the disclosure of this provided data under the following conditions. Personal Data of a member is kept secret and will only be disclosed on the members' profile form and his publicly released announcements. The member ensures not to use his membership for commercial purposes and that he does not want to harm anyone. A membership with commercial intranet is not acceptable.  

Par. 2 Membership contract

It is the requirement for the membership in cathClick to close the membership contract on the basis of these terms and conditions. Contractual partner is Dr. Martin Kugler, kathTreff, whose contact details are given at the end of the terms and conditions. 

Eligible for membership are all natural persons. Membership is limited to people over 18 years of age. By filling out and sending the forms (online - in exceptional cases via fax, mail, email), the member hands in an offer for the closure of the membership contract. Only with the publication of the data the member wishes to disclose on the internet pages of cathClick and the connection to the full range of activities, does cathClick declare the acceptance and thereby the conclusion of contract of a membership. 

In order for a valid membership to be concluded, personal data needs to be truthfully registered. A violation of this paragraph can lead to exclusion and suspension of cathClick.

The connection to the the full range of activities is carried out after the receipt of payment of the member and for the payed time frame. Until then a membership contract is not concluded and no action shall lie against cathClick.

Par. 3 Prices, change in prices

All services of cathClick, the membership fee as well as potential price reductions and discounts are made in accordance to the respective valid price lists. The prices in the price lists include the legal value-added tax.

Membership fees are charged in advance. Checks or payments by credit card are ony accepted on account of performance. Costs of back posting in the automatic debit transfer system goes to the expense of the member. The same goes for costs which are created by the rejection of the payment by cedit card companies.

The member is only entitled to compensation, if the counter claim is established to be uncontested or legally binding.

Par. 4 Sepcial terms of membership / terms of use

cathClick maintains the right to check the correctness of the data provided by the members, is however not obligated to do this. The member has the sole responsibility for the legal innocuousness of his provided material and his contributions to communications in cathClick. In the interest of the member community, insults, sexually explicit material, displays of violence, threatening, discriminating material or statements that transgress good manners or the intentions of (community name), or accounts with reference to race, sex, nationality, disability, age, etc. or otherwise material that violates effective law, is not allowed. This is also valid for links to webpages with respective material, for which the member is responsible. The member is fully responsible for his actions and his handling of rights of third parties. This is especially valid also for the consideration of intellectual or industrial rights of third parties. The member has to keep (community name) free from all claims that third parties make against (community name) because of the member's action or omission in the previously mentioned area of the member's responsibility - be this justified or unjustified. With regard to the interests of the member community as well as legal requirements, (community name) maintains the right to reject a member without further indication of reasons if he is suspected of having violated the preceding rules, to terminate the membership contract without notice, as well as to partly or fully delete the member's entries in the database. The transmission of data (direct mail, emails, faxes of other members etc.) through cathClick is exclusively carried out to the concerned member. Any transmission, publication or commercial use of data transmitted by cathClick to third parties, especially those that affect other members, is forbidden. 

Par. 5 Cancellation

A cancellation before the expiration of the agreed time period is not taken into consideration, except if a member demands an early termination of his membership or cathClick cancels the contact unilaterally because a member acts against the good customs or the basic orientation of cathClick. The membership fee does not need to be refunded due to early termination.

 

Par. 6 Procedure / Responsibility

The exact membership procedure results from the user instructions on the cathClick webpages. cathClick merely opens the agreed communication possibilities, cannot however take responsibility for a successful contact mediation or the behavior of other members, respectively. 

 

Par. 7 Texts / Pictures / Photos / Sounds

The member ensures, that the texts, pictures, photos, video footage and sound recordings (in short texts & data) imparted by him are free of legal thired parties who could be opposed to a publication or other usage in the context of cathClick. By transmittal or upload respectively, the transmitting member agrees to the publication of these texts & data in the context of cathClick in the internet and other media. The member can revoke this agreement anytime through written notice. cathClick will then immediately delete texts & data that are affected by this revocation. The member is liable for the content of his transmitted texts & data. These are excluded from publication if they violate valid law, the terms of use of cathClick or the good customs. In the interest of the member community concerning the publication of transmitted texts & data, cathClick maintains the right to check the seriousness and to non-publication.

Par. 8 Advertisement / Marketing

The member gives his consent that all material transmitted by him will be saved and evaluated exclusively for the internal investigation of cathClick. Provided that the member did not explicitly allow it, personal data will not be passed on to third parties. The member agrees to receive newsletters and information from cathClick.   

Par. 9 Commercial Use

Every unauthorised commercial use of the offers and services of cathClick is not permissable and will be prosecuted. Reference to products and services of different internet- or other suppliers, regardless of commercial or private nature, is not permissable. All publications and other available material of members need to have private character, which means they are not allowed to have the aim of achieving material gain. In the case of commercial or otherwise unauthorised material,  cathClick maintains the right to delete these and to enforce compensation. The enforcement of this compensation leaves all further rights of cathClick untouched. The published data of members in cathClick is not allowed to be used for any other purpose other than purely private contact. Such a violation (eg. for the purpose of advertisement) will be prosecuted immediately with criminal proceedings. 

Par. 10 Technical Equipment

The costs for the equipment (Computer, Software, Modum etc.), which enable the access to the services, are exclusively to be covered by the member. The same goes for the telecommunication fees that are creatd by its use. 

 

Par. 11 Disclaimer

(cathClick) does not guaratee the correctness of data published or transmitted by other members. Due to the fact that (cathClick), outside of the (cathClick)-server, does not have influence on the transport of data over the internet and due to the character and the insecurities of the internet, (cathClick) can not be held liable for lost or falsified data from the formulars, nor can (cathClick be held liable for other errors of data transmission which lie outside of the (cathClick)-server.

(cathClick) endeavours to provide the widest possible availability of its services over the internet, can however not guarantee irreproachable availability for technical reasons (server backup, maintenance). Interruption of operation is possible. Respectively, liability can not be assumed for damages which arise from a temporary unavailability or only a limited availability. (cathClick) expects an availabilty of at least 90% for its services on an annual average. Excluded  from this are times at which the webserver is not reached due to technical or other problems that are not in (cathClick)'s area of influence (higher power, fault of  third parties). It is the duty of (cathClick) to survey and attend to the data of members, being careful and up to date. (cathClick) can not however guarantee the accomplishment of a fitting dating-contact or spouse.  

Each other liability of (cathClick), regardless of its legal ground, is limited to the amount of the actual fees paid to date by the respective person who demands regress / claimant member. Other claims for compensation are excluded, provided that they were not deliberately or with gross negligence caused by the staff of (cathClick). This also includes the liability of material and immaterial (consequential) damages, that are created by the accidental or the technically caused faulty transmission of data. 

Untouched from the preceding liability exclusion as well as the limitation of liability remain the liability for the damages of the violation of life, the body or health, that are based on a negligent breach of duty of (cathClick) or an intentional or negligent breach of duty by a legal representative or assistant as well as for other damages that are based on a grossly negligant breach of duty of (cathClick) or on a intentional or negligent breach of duty by a legal representative or assistant of (cathClick). 

Par. 12 Liability of members

By the transmission of data the member ensures its correctness of all his provided information. The member is liable towards cathClick as well as towards affected third parties for all damages that are caused by the submission of false, adulterated or not to the person of the member belonging texts & data (cf. Par.8). The member is liable for all damages that are caused by the unauthorized transmission of data communicated to him. 

Par. 13 Liability for links

cathClick explicitly dissociates itself from the contents of linked pages or graphics and does not appropriate these in any case. All transgressions of applicable law, the terms of use and the orientation of cathClick (cl. Par. 4 of these terms of use) or the good custom, which are brought to cathClick's attention, will result in the immediate deletion of links, entries, graphics or have consequences of a similar manner. We ask for you to consider that we are occasionally and merely at random times in a position to do inspections and are therefore dependant on your assistance and cooperation for the preservation of the seriousness of our cathClick-offers. 

 

Par. 14. Subsidiary agreements, legal validity of terms of use

Subsidiary agreements and contract supplements need to be made in writing to be effective. Should a regulation of these terms of use be or become ineffective, this does not affect the effectiveness of the other regualtions. The ineffective or nonexistant regulation is rather to be replaced by one that is closest to it economically and legally.  

The existing terms of use are explicitly and bindingly acknowledged with the transmission of the member's personal application to cathClick and are incorporated into the member's contract by activation. 

New versions of the terms of use are indicated seperately and clearly visible on cathClick. They are acknowledged and become incorporated into the contract, provided that the member does not object in writing within 4 weeks. The member obliges himself to pay attention to corresponding indications regularly and to take note of newer versions, provided that he has transmitted his application for membership. 

Par. 15 Events

In the case of cancellation of a valid registration for an event of cathClick which is liable for costs, cancellation fees that are customary in place are charged.  

 

Par. 16 Announcement of events

cathClick is glad to announce events that are interesting for catholic partner-searching people on the events calendar on the homepage and on the dates page when you log into your account. cathClick does not take on any responsibility for events that are not organised by cathClick itself. Events with a charitable purpose will continue to be advertised free of charge with the request to provide a link in return. cathClick reserves the right to announce events with a profit motive on the condition of an appropriate compensation in return.      

Par. 17 Place of jurisdiction/ Applicable law

The place of jurisdiction is Vienna.

In the legal relationships between member and cthClick, the jurisdiction of the Republic of Austria is exclusively applicable.   

Möllwaldplatz 5, A-1040 Wien, e-mail: office@kathtreff.org

The existing terms of use come into effect as of 1.1.2010 until further notice.

Version of the 1.1.2010

 

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