General setting conditions
A L L G E N E R A T I O N S (AEB)
F i t B l o o m
Owner: Mag. Alfredo Scarlata
Annagasse 5/2/7, 1010 Vienna
- Scope of application of the AEB
“FitBloom” (owner: Alfredo Scarlata) provides its services to entrepreneurs in the fitness and health sector (hereinafter referred to as the customer) exclusively on the basis of the following General Terms and Conditions of Setting (GTCS). The following General Terms and Conditions of Business (GTCB) apply to all business relationships between
- FitBloom on the one hand and the customer on the other hand and
- the customer on the one hand and the end customer on the other.
- The version valid at the time of the conclusion of the contract shall be authoritative in each case. Deviating, conflicting or supplementary terms and conditions of the customer, even if known, do not become part of the contract, unless FitBloom has expressly agreed to their validity in writing.
- GTC of the customer FitBloom expressly contradicts.
- Amendments to the GPC shall be notified to the Customer and shall be deemed to be agreed if the Customer does not object to the amended GPC in writing within 14 days; the Customer shall be expressly informed of the significance of silence in the notification.
- About FitBloom
- FitBloom enables entrepreneurial fitness and health professionals, health, fitness, nutrition and overnight service companies to showcase their services and products to the end user on the FitBloom platform. FitBloom provides the end customer with a way to contact the customer for services.
- In the event of a booking, the service contract is concluded directly between the end customer on the one hand and the customer on the other. The customer alone is responsible to the end customer for the fulfillment and execution of the service contract.
- FitBloom invites the customer to register for paid use of the platform by providing a query screen.
- For this purpose, the customer must fill out the designated query mask completely and correctly and expressly accept the AEB in the valid version. The data provided by the customer must be kept up to date during the registration period.
- With the complete registration, the customer bindingly declares his contractual offer to use the platform, which can be accepted by FitBloom by sending a registration confirmation by e-mail.
- The customer is responsible for securing and keeping secret the access data to his personalized area.
- There is no right to registration. FitBloom reserves the right to refuse registration requests of the customer without any reason.
- FitBloom services
- The subject matter of the contract is the retrievability of profiles (hereinafter referred to as “content” such as photographs, text, logos, videos, graphics, etc.) about the customer and its employees on the FitBloom platform currently (primarily) kept available at www.fitbloom.at.
- FitBloom provides the customer with a personal online access (web interface) to be able to enter his content on the platform and keep it available.
- FitBloom has no marketing obligation for the content beyond keeping it available for retrieval.
- Rights and obligations of the customer
- The customer undertakes to enter current and truthful content on the platform and to keep this content up to date in the current contractual relationship.
- The customer undertakes to use the platform only in compliance with the statutory provisions and to refrain from any improper use.
- The customer guarantees FitBloom not to violate any rights when using the contractual services, in particular to refrain from violating copyrights, trademark and other identification rights, the law against unfair competition, personal rights and industrial property rights. In the event of a breach of these warranties, the customer shall indemnify and hold FitBloom harmless.
- The customer also guarantees FitBloom to be authorized to provide the services offered for mediation on the platform. FitBloom must be notified immediately of any changes.
- The customer’s content must be transmitted online in electronic form. If the transfer takes place on a hard copy (CD, DVD, USB stick, etc.), ownership of the hard copy is transferred to FitBloom.
- With the transmission/transfer, the client transfers to FitBloom for the duration of the contractual relationship the non-exclusive, spatially unrestricted and transferable right to use and process the provided content within the framework of the contractual relationship.
- FitBloom rights and obligations
- FitBloom is entitled, but not obligated, to check the Content and make non-meaningful changes, particularly to correct typographical errors.
- The Customer acknowledges that the Platform is created for the requirements and needs of the general public. FitBloom does not assume any warranty or liability for the correctness, up-to-dateness, accuracy or completeness of the offered services, as well as for a certain usability. FitBloom is not liable to the customer for any interruption, disruption, delay, deletion, miscommunication, or memory failure in connection with the use of the platform.
- The customer acknowledges that the services offered by FitBloom are also offered with the involvement of third party network operators and (social) media channels. The availability of the services is therefore dependent on the technical provision of third-party services over which FitBloom has no control.
- FitBloom is entitled to interrupt the services for a short, reasonable time for internal reasons, such as maintenance purposes. The customer can not derive any claims from this, FitBloom will in return work towards a quick elimination of the fault.
- FitBloom plays the role of a purely technical disseminator/host in the dissemination of the customers’ content, and does not influence or supervise the disseminated content of the customers. The respective customer is responsible for the content. A responsibility of FitBloom can only occur according to § 16 Abs 1 ECG, if FitBloom has knowledge of an illegal content and does not remove/block it immediately after becoming aware of it.
- Unless an explicit hiring period has been agreed, the contract is concluded for an indefinite period. The unlimited hiring contract can be terminated in writing (e-mail is sufficient) by either party subject to a notice period of 2 weeks to the end of a prepaid period, if this is not present, to the end of a calendar month without giving reasons.
- Recruitment contracts expressly limited in time may only be terminated by either contracting party for good cause during the term of the contract.
- This provision shall also apply if the customer (in particular in connection with a package booking) has agreed to a minimum subscription period (= waiver of termination). The agreement of a minimum reference period does not constitute a time limit and allows the receipt of benefits to continue for the period of the minimum reference.
- The costs of engaging the customer and the scope of services are shown in the order process and are due for payment immediately.
- In the event of default in payment by the customer, the statutory default interest shall apply at the rate applicable to business transactions. Furthermore, the client agrees to reimburse FitBloom for any reminder and collection fees incurred in the event of default of payment, to the extent that they are necessary for appropriate legal prosecution. In any case, this includes the costs of two reminder letters of € 25.00 each as well as the standard costs of a reminder letter of a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected.
- In the event of default of payment by the client, FitBloom may immediately call due all services rendered and partial services. Furthermore, FitBloom is not obligated to provide further services until the outstanding amount is paid.
- If payment in installments has been agreed upon, FitBloom reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or ancillary claims are not paid on time (forward loss).
- Marking, reference
- Subject to the written revocation of the customer, which is possible at any time, FitBloom is entitled to refer to the business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference).
- For its own services (but not for the content) FitBloom provides a warranty in the sense of the provisions of §§ 922 ff ABGB.
- The liability of FitBloom and its officers, employees, customers or other vicarious agents (“people”) is basically limited to intent or gross negligence; liability for slight negligence is excluded. This disclaimer does not apply to personal injury and damage to property that FitBloom has taken over for processing. As far as the liability of FitBloom is excluded or limited, this also applies to the personal liability of its “people”.
- FitBloom declares to comply with Austrian/European data protection law and to provide customers and end users with sufficient guarantees for lawful and secure data processing.
- The data processing by FitBloom is based on the detailed “Privacy Information”.
- Should individual provisions of the AEB or the hiring contract be or become invalid in whole or in part, or should there be a loophole in the contract, this shall not affect the validity of the remaining provisions.
- Changes and additions to the GTCP or the hiring contract must be made in writing. This also applies to a waiver of the written form requirement. Declarations by e-mail or fax shall be in writing.
- If in these GTCP or other contracts terms referring to natural persons are used only in the masculine form, they refer to women and men in the same way. When applying the designation to specific natural persons, the respective gender-specific form shall be used.
- Applicable law/jurisdiction/place of performance
- This contractual relationship shall be governed by Austrian substantive law to the exclusion of the conflict of law rules.
- The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for 1010 Vienna.
- The place of performance for the contractual services is in 1010 Vienna.