General terms and conditions of service
1. Scope of application
1.1. The following general terms and conditions (hereinafter referred to as "GTC") are an integral part of all contracts concluded between Talk4Date GmbH (hereinafter referred to as "WHISPAR") and the users of their services.
1.2. These GTC define for all users the conditions of the WHISPAR services, under which this service is used. This also applies if the use or access is from outside the Republic of Austria.
1.3. The conclusion of a membership of the WHISPAR service is reserved exclusively to users who are 17 years of age and over.
1.4. A membership cannot be obtained by the user without consenting to these Terms and Conditions.
1.5. The GTC shall also continue to apply after the termination of all contracts up to their completion. All auxiliary agreements must be confirmed in writing by WHISPAR.
1.6. WHISPAR is entitled to change these GTC at any time; The amended version applies as of the user’s approval via the WHISPAR application.
2. Object of the contract
2.1. WHISPAR provides its users with services, help and assistance in the search for the ideal life partner. The contract is concluded exclusively in German.
2.2. WHISPAR offers its users both free and paid services in this respect. The users have no claim which is unlimited in time to WHISPAR's free of charge services. The conditions relating to paid services are listed under point 4. (Payable services)
2.3. WHISPAR is entitled to transfer the provision of parts of or all services of the object of the contract to third parties or vicarious agents. Users should not suffer any disadvantages from this.
3. Conclusion of the contract
3.1. Registration is prerequisite for using the services of WHISPAR. By registering, the user enters WHISPAR’s network and is thus subject as a member to these GTC.
3.2. Registration creates a free contractual relationship between WHISPAR and the user, whose content is governed by these GTC (see point 4. on the payable services).
3.3. After the registration, the user receives a notification confirming the conclusion of the contract.
4. Payable services
4.1. The services offered by WHISPAR are generally free of charge, unless their payable nature is explicitly stated.
4.2. These GTC also serve as a contractual basis for payable services. Prior to the conclusion of the chargeable contractual relationship, the user is expressly informed about the content of the respective service, the costs and the associated payment obligations. By selecting the purchase button, the user declares towards WHISPAR that they want to conclude a chargeable contract in the given scope.
4.3. In addition, WHISPAR informs the user of the respective price (the total cost), as well as the period of the paid service. By performing the action requested by WHISPAR, e.g. for payment via the Internet, by submitting the payment data to WHISPAR or to the electronic payment services provider commissioned by WHISPAR, the user accepts the stated price.
4.4. All contracts for payable services of WHISPAR must be terminated in good time before the end of the agreed term of the contract, otherwise they will be extended by the contractual term agreed (at this point). For the termination arrangements for payable services see point 9.3.
5. Obligations of the user
5.1. The user is solely responsible for the information they provide and for their taken actions. In this context, the user assures that the information they provided during the registration corresponds to the truth. False information, in particular, with fraudulent intent, entitles WHISPAR to immediate (extraordinary) termination of the contractual relationship, in addition to civil law claims and penal consequences, (see point 9.1 [termination]), thereby leaving WHISPAR's claim to payment unaffected.
5.2. All information relating to the contractual relationship with WHISPAR shall be treated with utmost confidentiality by the user. Data of other users which becomes known may in no case be made accessible to third parties. The user is obliged not to provide any contact information such as name, address, email address, telephone number or the like in their profile, unless requested by WHISPAR to do so.
5.3. The user must notify WHISPAR immediately if they do not wish to receive any further partner suggestions or would no longer like to be available to other users as a partner-suggestion.
5.4. The user assures that they will not pursue any business interests and will not allow third parties any business or commercial use of data transmitted by WHISPAR. It is also prohibited to use this data for advertising purposes.
5.5. In the case of the business or commercial use of the services offered by WHISPAR, the user is obliged to pay a contractual penalty of EUR 2,000 per violation. Any further claims for damages of WHISPAR shall remain unaffected.
5.6. Any abusive use of WHISPAR's services is prohibited, in particular, but not exclusively:
5.6.1. Uploading harmful data (infected software, viruses);
5.6.2. The upload of protected material, unless the user has the respective consent of the copyright owner;
5.6.3. The distribution of immoral, obscene, pornographic or extreme left-wing/right-wing content or photos;
5.6.4. The dissemination of defamatory, offensive or otherwise unlawful material;
5.6.5. The provision of contact data, such as name, address, email address, telephone number or the like in the user profile;
5.6.6. The threat or harassment of other users or third parties;
5.6.7. The advertisement of goods or services to other users or third parties; and
5.6.8. adversely influencing the availability of WHISPAR offers towards other users.
5.7. Legal consequences of abusive use of WHISPAR's services, in particular, but not exclusively, of the infringement referred to in point 5.6 lead to the (extraordinary) termination of the contractual relationship by WHISPAR without notice, in addition to any civil or criminal proceedings (see point 8.1 [termination]). In addition, WHISPAR is entitled to terminate its contractual relationship with the user in full or in part at any time and without giving any reason (see point 10). The obligation of the user to pay the fee for payable services remains unaffected.
5.8. The user is obliged to indemnify WHISPAR from all claims, liabilities and obligations arising out of actions, damages, losses or claims, whether by the user themselves or by third parties.
5.9. When using the audio profile, the user has 10-30 seconds to make an audio recording. The use for purposes other than the presentation and description of one’s own person is expressly forbidden. The submitted audio files are thoroughly checked before publication by WHISPAR.
5.10. WHISPAR reserves the right to delete user-uploaded photos or texts without giving reasons if they do not meet the high requirements of WHISPAR service.
6.1. All prices of WHISPAR are given in EURO, including the applicable legal value added tax.
6.2. The user has access to the payment methods displayed at the end of the order process (such as, for example, credit cards, PayPal, direct transfer). WHISPAR expressly reserves the right to restrict the selection of payment methods.
6.3. The agreed fees are to be paid in advance.
6.4. In case of default of payment, WHISPAR shall be entitled to charge interest at the rate of 8% p.a., subject to the assertion of a higher default (to be proven). In addition, the user undertakes to replace the dunning, collection and investigation costs of third parties (in particular of lawyers) insofar as these costs were relevant for the appropriate legal prosecution.
6.5. If the user is late by more than seven days in paying part of/or the complete payment of a due instalment to WHISPAR, then the total amount still outstanding becomes due for payment. In this case, WHISPAR is authorized to block the user.
Marriage, engagement or a continuing and recurring service of any kind whatsoever, which is directed at an immediate formation of a partnership or marriage is expressly excluded as an object of the contract.
8. Data protection
8.1. With regard to data protection regulations, reference is made to the external declaration of consent.
9.1. Both the user and WHISPAR have the right to terminate the free of charge contractual relationship at any time, without giving reasons, giving a four-week notice period. The notice period for payable services is dependent on the operating system used by the user (for example, Apple, Google) and here reference is made to the general terms and conditions of these companies ( Apple Inc. bzw. Google Inc.). This shall not affect the obligation of the user to pay for services they have already occasioned or ordered from WHISPAR. The right of the user to extraordinarily terminate the contractual relationship is also unaffected. There is no right to reimbursement of the remuneration paid to WHISPAR.
9.2. The ordinary termination of the free membership relationship to WHISPAR shall be effected by means of a written declaration by post (the corresponding contact data is found in point 12. [Information on the right of revocation]). Alternatively, the profile can be deleted from within the application via the button "Delete Profile". For cancellation of payable services, see point 9.3 below.
9.3. If the user has purchased the WHISPAR application through an App-store (for example, Apple Inc. or Google Inc.), the termination of paid services must be made directly to the app store owner ( Apple/Google), since payment services are handled by the latter.
9.4. For WHISPAR a reason for extraordinary termination exists, in particular, if the user
9.4.1. abuses the offered service in the sense of point 5.6 ;
9.4.2. intentionally provides false information during registration or during the ongoing contractual relationship; or
9.4.3. repeatedly violates the provisions of these GTC despite being given warning.
10.1. WHISPAR may block the user concerned in case of suspicion of abusive of the services offered, in the event of a complaint by users or third parties, in the event of a delay in payment or in the event of a breach of these GTC. Any claims or the provisions for ordinary and extraordinary termination by WHISPAR remain unaffected.
10.2. If it is reasonable, WHISPAR shall notify the user concerned beforehand and give them the opportunity to make a statement. If such a warning notification can not be reasonably expected, the customer shall be immediately blocked and then given an opportunity to comment on the blocking.
10.3. If WHISPAR is ordered by a court or another authority to block a user, the user concerned may be blocked without further details. WHISPAR's remuneration claims towards the customer remain unaffected.
11. Liability and liability limitations
11.1. WHISPAR assumes no liability for the accuracy of the data transmitted by users. WHISPAR shall also not be liable for the misuse of the services by a user, and in particular, shall also not be liable if users make the provided data available to a third party and these third parties use this data abusively.
11.2. WHISPAR is only liable for damages caused by gross negligence or wilful intent. The liability for slight negligence, the replacement of consequential damages and property damage, unrealized savings, loss of interest, loss of profit and damages from claims of third parties towards the user is excluded. Limitations of liability apply to all WHISPAR organs, as well as to vicarious agents or service providers commissioned by them.
11.3. WHISPAR merely represents the technical framework for the provision of contacts; a success in the sense of establishing contact is by no means an owed contractual object. Short-term technical failures, for example, of the WHISPAR server and the associated interruptions of access or use of the services due to force majeure, necessary maintenance work or due to events beyond WHISPAR’s responsibility, do not entitle the user to extraordinary termination, and the agreed remuneration for paid services is also not waived for this period.
11.4. WHISPAR is only liable for its own content on its website. If WHISPAR allows access to other websites by way of links, WHISPAR is not responsible for the third-party content contained therein.
11.5. A liability of WHISPAR due to the unlawful knowledge of third parties of data transmitted by users during the contractual relations is likewise excluded ("Hacking").
12. Instruction on the Right of Revocation
12.1. Users have the right to withdraw from the contractual relationship entered into with WHISPAR within a period of fourteen days without giving reasons (right of revocation). The period of fourteen days shall start from the date of the conclusion of the contract. The right of revocation has to be exercised by means of a clear declaration that the contract is to be terminated. For this purpose, the sample revocation form enclosed may be used, but this is not mandatory. In order to exercise the right of revocation, it is sufficient that the declaration is sent before the expiry of the period of notice of 14 days. In order to exercise the right of revocation, the declaration must be sent to the following address:
Recipient: talk4date GmbH
Post: Mahlerstraße 14/5, A-1010 Vienna
Email address: email@example.com
12.2. If the right of revocation is exercised, WHISPAR shall repay all payments received by the user immediately and at the latest within fourteen days from the date on which the declaration of exercise of the right of revocation was received by WHISPAR. This is done using the same payment method as the user chose in the original transaction. In order to use WHISPAR's services, the user has to pay a reasonable fee - according to the scope of the services already provided. Exceptions to this rule shall be made exclusively in accordance with point 12.3.
12.3. If the user has access to the WHISPAR application via the App Store of Apple Inc., the right of revocation with respect to paid services is to be exercised directly towards the App store operator (Apple/ Google), as the payment services are handled by the latter in this case. If the user has access to the WHISPAR application through the App Store of Google Inc., then the right to revocation of payable services must be exercised directly towards WHISPAR.
12.4. In order to clearly assign the revocation declaration, the user is obliged to provide their user data and the telephone number together with the proof that this telephone number actually belongs to the user (e.g. copy of the last telephone bill) including corresponding identification features of the payable services (for example, "Order ID", so that these payments can be assigned to the respective user.
13. Final Provisions
13.1. For the entire business relationship, as well as for all contracts and reciprocal claims between WHISPAR and the user, Austrian law applies. The applicability of the UN sales law and the Austrian conflict-of-law rules is excluded.
13.2. For all disputes between WHISPAR and the user, the local court of Vienna has jurisdiction for litigation between the disputing parties. However, WHISPAR reserves the right to bring actions against the user at their general place of jurisdiction. In the case of users who are consumers, the mentioned court of jurisdiction is only deemed to have been agreed if the user has their place of residence, habitual residence or place of employment in this court circuit or if the user lives abroad.
13.3. Should a provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the effectiveness or enforceability of the remaining provisions. The ineffective or impracticable provision shall be replaced by an effective or feasible provision which comes as close as possible to the economic content of the ineffective or unenforceable provision; the same shall apply mutatis mutandis to any gaps in these GTC.