General Terms and Conditions for the Products and Services offered by TwinVision e.U.
Please find below our General Terms and Conditions (T&C). Please take the time to read them before you start using TwinVision e.U. services.
1200 Vienna, Austria
Last updated: 04/18/2018
1.1 TwinVision e.U. operates an interactive online platform and mobile apps (together the “RaceDirector Products”) aiming to offer to people, who drive on race tracks in their sparetime (motorcycle, car and cart) the opportunity to analyse and compare their recorderd track (based on geographic position data). TwinVision e.U. offers hereto the following app:
• RaceDirector TrackDay
1.2 In order to be able to use the complete spectrum of RaceDirector Products, a one-time registration is required (see Section 4, below). However, certain features (e.g demo data of tracks), including general descriptions of RaceDirector, can be viewed by the user without registration.
1.3 RaceDirector Track Day‘s goal is to provide to track day drivers the opportunity to analyse and compare their rides.
2. VALIDITY OF THE T&C
TwinVision e.U. offers the RaceDirector Products on the basis of these T&C. The user consents to the validity of these T&C and any agreements incorporated therein by reference either by (i) using the services, in case they are available without registration, or (ii) registration, in case they require an account.
Neither the registration nor the use of the complete spectrum of products and services shall be possible without consent to these T&C.
These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for RaceDirector Products. In particular, the RaceDirector online offering will be accessible via www.racedirector.at.
These T&C shall be valid until cancelled in the currently valid version as of March 31, 2018.
3. SUBJECT OF THE AGREEMENT
Currently, TwinVision e.U. essentially offers its users the following features and information in German and English:
3.1 RaceDirector.at platform:
3.1.1 Personal profile page, including personal details;
3.1.2 upload page for position data
3.1.3 A Shop in which users may purchase subscriptions for RaceDirector;
3.1.4 Forum in German and English;
3.1.5 Other Content, such as:
• These T&C
3.2 Mobile applications; RaceDirector Mobile:
3.2.1 Applications for Apple iPhones/iPad, Android smartphones, and other smartphones on a global scale, that can be used both isolated on the smartphone as well as in connection with the RaceDirector.at platform.
3.2.2 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the RaceDirector.at platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.3 The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
3.2.4 Additional terms and conditions on the part of the mobile phone-providers apply.
While the demo version oft he RaceDirector Products can be used without any registration, some products require a one-time, free registration. The “Free Membership” (basic) makes only the user’s own position data available to users.
TwinVision e.U. offers users two ways of registering:
4.1.1 Via the registration form provided on the RaceDirector.at Platform;
4.1.2 For purposes of registration, the user shall provide the details requested by the registration form, e.g., user name, email Address, completely and correctly, unless such details are marked as voluntary.
4.1.3 Via Adoption of the registration details provided by the user in the social network Facebook or Google G+: Registration via Facebook Connect or via Google G+ requires the user to confirm that the selected details, which the user previously provided on Facebook or Google G+, shall be adopted by the RaceDirector network. The user can subsequently add to or reduce such details in such user’s profile.
4.2 RaceDirector Subscription
4.2.1 A RaceDirector Premium Service for “Premium Members” (“Premium Membership”), with all options and features, is also available against payment of a certain price.
4.2.2 Specific Premium Member Terms and Conditions as set forth in Section 7 apply to the Premium Membership. Unless otherwise specified in the T&C or Section 7, all other provisions of these T&C also apply to the Premium Members.
4.2.3 Through registering as a Premium Member you represent that you are over 16 years of age and that you are legally authorized to enter into agreements according to applicable law. If the aforementioned representation is not true, TwinVision e.U. is not bound by these Premium Conditions.
Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with RaceDirector. Minors may only register with RaceDirector subject to the explicit consent of their parents or legal guardians. A scanned copy of such written consent shall be sent by email to firstname.lastname@example.org
4.4 Consequences of Registration
4.4.1 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C as well as that all registration data is true, accurate, current, and complete, and s/he will keep all registration information up to date.
4.4.2 Each user shall register with RaceDirector once only, and confirms with its registration that it has not registered an account with RaceDirector before and has not deleted a previously activated user account.
4.4.3 Following successful registration, the user (then the “Registered User”) can log on by either (i) entering its email address and the chosen password, or (ii) accomplishing the log-in via Facebook Connect or Google G+.
4.5 Rights of TwinVision e.U.
4.5.1 TwinVision e.U. reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
4.5.2 If you provide any information that is untrue, inaccurate, not current or incomplete, or TwinVision e.U. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TwinVision e.U. has the right to suspend or terminate your account immediately and without prior notice and to refuse any and all current or future use of the Premium Services (or any portion thereof), without the Registered User being entitled to a refund of any previously paid amount.
4.5.3 In any event, TwinVision e.U. reserves the right to contact you at any time to verify your registration data.
4.6 User Identity
TwinVision e.U. is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a friend or by writing messages.
TwinVision e.U. will send newsletters to Registered Users. By accepting these T&C, the user allows TwinVision e.U. to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from TwinVision e.U.
6. GENERAL TERMS AND CONDITIONS FOR ALL USERS
6.1 Fraud protection
6.1.1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at email@example.com, of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
6.1.2. TwinVision e.U. will not refund any amounts paid by you to TwinVision e.U. before you report an unauthorized or fraudulent use of your account.
6.1.3. TwinVision e.U. has the right to close or cancel the account of any Registered User in the event of any unauthorized or fraudulent use of the account.
6.2 Promotions and Free Offers
TwinVision e.U. may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
7. SPECIAL TERMS AND CONDITIONS FOR PREMIUM MEMBERS
7.1 Subscription Requirement
In order to use the RaceDirector Premium Service for Premium Members, you must (i) be a Registered User, and (ii) pay the stipulated price, including applicable VAT, if any, and any other fees or amounts associated with the Premium Services, by credit card, or any other form of payment accepted by TwinVision e.U. (the “Subscription”).
7.2 Types and Prices of Subscriptions
TwinVision e.U. offers different Subscription periods so that you can choose the one that best satisfies your needs. The different Subscription types and applicable prices are available for viewing on the TwinVision e.U. website. All prices are subject to change at TwinVision e.U’s discretion at any time. Any price changes will be announced on the RaceDirector.at platform.
7.3.1 Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
7.3.2 Payments for the entire term of your Premium Membership shall be due immediately upon invoicing. Payment can be made using different online payment systems. If TwinVision e.U. is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. TwinVision e.U. may deliver invoices and payment reminders to the user by email.
7.4 No Automatic Renewal
When your Subscription period expires, your Subscription will not be prolonged automatically.
You may cancel your Subscription to RaceDirector Premium Service for Premium Members at any time by initiating the cancellation on the RaceDirector.at platform or via the App Store. Unless otherwise provided for in Section 9, TwinVision e.U. will not refund previously paid amounts.
The Subscription period ends upon expiration of the agreed-upon time period. Each user can check the length of the current Subscription period by viewing such user’s account information.
7.7 Application of Other Rules
Unless otherwise specified in this Section 7, all other provisions of these General Term and Conditions apply also to the Premium Members.
Each user shall have the right to terminate the use of RaceDirector.at platform at any time via its account settings („Login Data“). TwinVision e.U. shall confirm such termination vis-a-vis the user.
Additionally, TwinVison e.U. reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations as set forth in these T&C and ancillary agreements.
As a result of any termination pursuant to this Section 9 or cancellation pursuant to Section 10 hereof the following shall apply:
9.3.1 All personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation, within thirty days.
9.3.2 Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to firstname.lastname@example.org, which shall include the email address provided to RaceDirector upon registration, or via the RaceDirector.at platform. RaceDirector will comply with such requests within ten days and maintain a record of the destruction for one year after the destruction.
10. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
10.1 Application of Consumer Laws
If you as a Registered User, using the RaceDirector Products for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
10.2 Right of Withdrawal from Contract
You may cancel your agreement with TwinVision e.U. in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
1200 Vienna, Austria
E-Mail : email@example.com
10.3 Consequences of Cancellation
In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to TwinVision e.U. in full or in part, you are obligated to reimburse TwinVision e.U. for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
10.4 Cancellation Form
The exercise of your cancellation right pursuant to this section 10 may occur via the following cancellation form:
(If you wish to cancel the agreement, please fill in and return the form below.)
To TwinVision e.U., Engerthstraße 90/66, 1200 Vienna, Austria, E-Mail: firstname.lastname@example.org
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Adress of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
11. USER OBLIGATIONS AND CONDUCT
11.1 User Obligations
Each user of the RaceDirector Products must
11.1.1 truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
11.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to TwinVision e.U. that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
11.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
11.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
11.1.5 not carry out any disrupting interferences in the RaceDirector network, including the RaceDirector Products, by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding RaceDirector’s software or hardware;
11.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
11.1.7 provide prompt notice via email to email@example.com of any detected breaches of the aforementioned obligations;
11.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
11.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. TwinVision e.U. shall not be responsible for any lost or impaired details.
12. BREACH OF USER OBLIGATIONS
In order to ensure the proper and reliable provision of services, TwinVision e.U. imposes the following sanctions upon breach obligations by a user:
• deletion of content;
• temporary deactivation of user account; and
• cancellation (irrevocable deactivation).
The type of sanction shall depend on the purpose, impact, and type of the breach in light of TwinVision e.U. ‘s and the user’s interests.
In the event a user account shall be cancelled in accordance with this Section 12, the respective user shall not be permitted to register again.
TwinVision e.U. permits its Registered Users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit, and share content with other users.
The user consents that, as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.
TwinVision e.U. shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
13.3.1 comply with statutory law, or court or administrative orders;
13.3.2 ensure compliance with these T&C;
13.3.3 react to claims of breaches of law raised by third parties; or
13.3.4 safeguard the rights, property or personal safety of TwinVision e.U, its users and the general public.
13.4 Use of Content
The user grants TwinVision e.U. the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, TwinVision e.U. shall have the right to use, irrespective of the type of usage, all content both as part of the TwinVision e.U. platform and any other activity of TwinVision e.U. or any company affiliated with TwinVision e.U.. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that TwinVision e.U. uses content created by a user outside the RaceDirector Products, TwinVision e.U. shall note that such content was created by the user.
TwinVision e.U. does not claim ownership of any content created by users and will not supervise such content.
TwinVision e.U. reserves the right to delete content created by users, such as routes, photos, events or comments without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 12.
13.7 Inaccurate Content
TwinVision e.U. shall not be responsible for inaccurate content created by users, e.g., details regarding routes or events etc.
15. REPRESENTATIONS AND WARRANTIES
TwinVision e.U. does not represent or warrant that
15.1.1 the RaceDirector Products will be available at all times, or that they and the necessary hardware and software will be completely free from errors; and
15.1.2 the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
15.2 Own Risk
The user uses the TwinVision e.U. Products exclusively at its own risk. This applies, without limitation, to
15.2.1 the related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles;
15.2.2 downloading of the user’s own and third party content; and
15.2.3 any use by the user of data created or provided by TwinVision e.U., including, but not limited to (i) measured pulse or altitude details, or (ii) recommendations for actions, e.g., workout plans etc. The user explicitly acknowledges that any such data or content may contain errors, and TwinVision e.U. does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
15.3 External Content
Additionally, TwinVision e.U. does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. TwinVision e.U. does not make any representations or warranties with respect to products or services of third party providers.
16. LIMITATION OF LIABILITY
TwinVision e.U. shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if TwinVision e.U. has caused a certain damage willfully or with gross negligence. In the event of slight negligence, TwinVision e.U. shall not be liable to other businesses and shall be liable to consumers only for personal damages. TwinVision e.U. shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits, or damages resulting from claims of third parties.
Unless required by statutory law, neither TwinVision e.U. nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
TwinVision e.U. assumes no liability for downloaded material or material obtained as a consequence of using the TwinVision e.U. Products. The Registered User is solely responsible for any damages caused by such materials to his computer or smart phone system or for information that is lost as a consequence of downloading materials from any of the TwinVision e.U. Products.
The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that TwinVision e.U. will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
17. INDEMNIFICATION BY USERS
The user shall indemnify TwinVision e.U. for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded into the TwinVision e.U. network or any other of the TwinVision e.U. Products by such user or as a result of any other usage by such user of applications available from within the TwinVision e.U. network. The user shall bear the costs of any legal proceedings, in which TwinVision e.U. may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to TwinVision e.U all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that TwinVision e.U may be entitled to bring against the user shall not be affected.
18. CHANGES TO THE T&C
TwinVision e.U. reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons.
Changes to these T&C, other than changes to Section 3 require the consent of the respective Registered User, to whom the changed T&C shall apply. If TwinVision e.U. intends to implement such changes to these T&C, TwinVision e.U. will give the user as much prior notice of such changes as possible. Such notice shall be made on the relevant pages of the RaceDirector.at platform or on any other device through which the user accesses the TwinVision e.U. Products.
In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the TwinVision e.U. Products.
18.4 Written Form
Subject to Sections 18.1 to 18.2.2, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
19.1 Severability Clause
In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
19.2 Governing Law and Jurisdiction
19.2.1 These T&C and all contractual relations and litigation between the users and TwinVision e.U. shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
19.2.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.