General terms and conditions for using Fikket.com
In the following, you find the terms of use for the services of Fikket.com.
Preamble
With the registration as a user of the Fikket platform you (hereinafter referred to as “user”) accept the following terms and conditions for the use of Fikket (hereinafter referred to as “terms”). The website on which Fikket provides its services is hereinafter referred to as “the site”. These terms shall govern the contractual relationship between the user and Fikket. To use the services of Fikket the user must be of age.
1. Subject Matter
1.1. Registered users of the site are offered to organize events. Fikket reserves its right to charge a fee for specific services. This fee is stated under ‘Pricing info’. Furthermore, if the organizer does not have a paypal account and wants to sell tickets online (see FAQ), the paypal costs incurred by Fikket on behalve of the organizer will be charged.
1.2. Any use of the services and contents offered on the site beyond the scope of options provided by Fikket requires the prior written consent of Fikket.
1.3. Fikket shall only make data and/or information provided by the user available for other uses provided that this data and/or information does not violate any laws or these terms. Fikket is entitled to remove any illegal or prohibited data and/or information from the site without prior notice to the user.
1.4. The user acknowledges and agrees that it is technically impossible to achieve 100% availability of the site. Fikket shall nonetheless endeavor to keep the site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Fikket’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on the site.
1.5. Fikket merely provides the user with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regards content, Fikket does not take part in any communication between users. If users enter into agreements with one another over the site, Fikket shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfilment of agreements in which they enter with one another. Fikket shall not be held liable if users are unable to contact one another over the site regarding such agreements. Furthermore, Fikket shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, Representations and Warranties upon Registration
2.1. The user warrants that all of the data provided by the user for registration is accurate.
2.2. The user warrants that he or she is of legal age at the time of registration.
2.3. The user shall choose a password upon registration. The user is obliged to keep this password secret. Fikket shall not disclose the password to any third party and Fikket shall not ask for the user’s password at any time.
2.4. Each user is entitled to register with Fikket only once, and the user may only establish one user profile.
2.5. It is technically impossible for Fikket to determine with certainty whether any user registered with Fikket is in fact the person he or she represents to be. Therefore, Fikket assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Obligations of the user
3.1. The user is obliged,
3.1.1. To provide only true and non-misleading statements in the user profile and in communications with other users.
3.1.2. To comply with all applicable legislation, and respect all third-party rights. In Particular, the user shall not (i) use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Fikket personnel or other companies, (ii) use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors, (iii) unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act), (iv) use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law, (v) use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
3.1.3. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws: Sending chain letters; Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or communicating in any insinuating or sexual way (suggestive or explicit).
3.2. The user is prohibited from the following: Employing any mechanisms, software or scripts when using the site. However, the user may use the interfaces or software provided by Fikket within the scope of the services available on the site. Blocking, overwriting, modifying and copying of any contents of the site, unless said actions are necessary for the proper use of the services on the site. Distributing or publicly disclosing the contents of any of the site or any other user. Performing any actions which may impair the operability of Fikket’s infrastructure, particularly actions which may overload said infrastructure.
4. Changes to the Services on the site
Fikket reserves the right to modify the services offered on the site and/or to offer services different from those offered at the time of the user’s registration at any time, unless this is unreasonable for the user.
5. Termination of Membership
5.1. The user may terminate the membership at any time without cause. The user may deliver notice of termination using the contact form available on all the site at any time. The termination notice shall include the E-Mail address of the user registered on one of the site.
5.2. Fikket has the right to terminate the membership of a user according to the legal requirements, in event on a good cause even without any period of notice. A good cause is defined as an event which makes it unacceptable for Fikket to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Fikket against the user’s. A good cause includes any the following events: If the user fails to comply with any applicable legal provisions; If the user breaches a contractual obligation, in particular an obligation set forth in sections 2 and 3 of these terms; If the reputation of the services offered on the site is substantially impaired by the online-presence of the user (if, for example, it is discovered after registration that the user has been convicted of a criminal offence, and if said conviction is known to other users); If the user promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or; If the user causes harm to any other user(s).
5.3. In the event of a good cause in accordance with section 5.2. and notwithstanding Fikket’s right to terminate the contract in accordance with section 5.2., Fikket is entitled to: Delete the contents posted by the user; Issue a warning, or; Block the user’s access to the services on the site.
6. Responsibility for the user’s Content, Data or other Information
6.1. Fikket does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the site or on any external websites linked to them. In particular, Fikket does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
6.2. The user may report any activities of any other user which violate applicable laws and/or these terms using the contact form available at all the site.
7. Liability of Fikket
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Fikket shall exist only if Fikket breaches a basic/cardinal obligation under this agreement. In this event, the liability is limited to typical and foreseeable damages. This shall not affect personal injury and property damage claims based on the Belgian Product Liability Act.
8. Indemnity
8.1 The user shall indemnify and exempt Fikket from all actions, including damage claims, asserted by other users or third parties against Fikket resulting from an infringement of their rights by the contents posted by the user on the site. Furthermore, the User shall indemnify and exempt Fikket from all actions, including damage claims, asserted by other users or third parties against Fikket resulting from an infringement of their rights regarding the use of the services on the site by the user. The user assumes all reasonable costs Fikket incurs due to an infringement of third party rights, including all reasonable legal-defence costs. All other rights, including damage claims by Fikket, are hereby unaffected. The aforementioned obligations shall not apply to the extent the user is not responsible for the infringement.
8.2 In the event the content posted by the user infringes any rights of any third party, the user shall, at its own expense and at Fikket’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the user infringes third-party rights when using the services of the site, the user shall discontinue such use that violates these terms and the law, if so requested by Fikket.
9. Data Protection
9.1 Fikket recognizes that any data provided by the user to Fikket is extremely important to the user, and Fikket shall therefore be particularly sensitive in handling such data. Fikket shall comply with all applicable legal provisions regarding data protection (Belgian Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Fikket shall not provide or otherwise disclose any personal data of the user to any third party without authorization.
9.2 Fikket advises its users that data provided to Fikket by the users is stored and processed mechanically in machine-readable form for purposes arising from the contractual relationship. Dissemination of data to third parties shall only occur within the scope of the purpose of the contract. Fikket highlights that it complies with all applicable legal provisions regarding data protection, especially regarding the transfer of any personal data of the user to any third party.
9.3 Fikket offers every user the service to transmit personal communication data to other users partially or in total respectively to revoke access to data. The transmission of data happens on own risk.
9.4 Accepting these terms the user declares: I give my consent,
a. that Fikket collects, uses and processes my individual-related data in order to constitute and operate my contractual relationship with Fikket. Individual-related data is inventory data, as e.g. name and address, and utilization data, as e.g. username, password and ip-address.
d. that Fikket collects, uses and processes my utilization data inter alia by cookies in order to assign an user-id to me. E.g. the cookies are used for a personal greeting of every user at Fikket.
e. that Fikket collects, uses and processes my individual-related data for marketing e.g. to send E-Mails with general information or advertisement (newsletter). I take note that I have the opportunity to cancel this newsletter at any time.
f. that Fikket, as far as it is necessary in individual cases, is allowed to collect, to use and to process my inventory data and my utilization data in order to prevent illegal actions of the user.
g. that Fikket is allowed to collect, to use and to process my individual-related data even after termination of my membership in cases of prior malpractice of the site or in cases of possible illegal acts of the user.
10. Final Provisions
10.1. These terms and any amendments thereto must be in writing to be valid. No secondary agreements exist.
10.2.Fikket reserves the right to amend these terms at any time, without giving reasons, unless an amendment is unreasonable to the user. Fikket shall give due notice of any amendments of these terms to the user. If the user does not object to the applicability of the revised terms the amended terms shall be deemed to be accepted by the user. Fikket shall inform the user about the user’s right to object and of the relevance of the objection deadline in said notice.
10.3. Unless otherwise stated in these terms, the user may submit all notices to Fikket using the contact form provided on the site, or by letter or fax. Fikket may send notices to the user by E-Mail, fax or post to the addresses given in the user’s current contact data in his or her user account.
10.4. If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
10.5. The place of performance under these terms shall be Fikket’s main place of business.
10.6. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Fikket.
10.7. These terms and the contractual relationship shall be governed by Belgian Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Belgian Law.
11. Privacy policy
We will not share, sell, or give away your information or your user’s information to third parties not authorized by you.
