GENERAL TERMS & CONDITIONS / AGB

Terms and Conditions of Purchase within the framework of purchase contracts via the platform https://www.tracktics.com

between

TRACKTICS GmbH
Hanauer Landstraße 291A
60314 Frankfurt

Germany

- hereinafter referred to as "provider" -

and

the users of this platform referred to in § 2 of these GTC - hereinafter "customer/customers" - will be closed.


TERMS AND CONDITIONS FOR CUSTOMERS CONCLUDED ON OR AFTER APRIL 9, 2019

PREAMBLE AND DEFINITIONS
  • (1) TRACKTICS offers a paid online service for evaluating and displaying radio-based recorded GPS data (hereinafter referred to as "Online Service" and/or "TRACKTICS APP") in the football field and sells radio-based data tailored to the TRACKTICS APP GPS Tracker (hereinafter "Football Performance Tracker") and related accessories in the TRACKTICS online shop.

  • (2) The following definitions apply to these General Terms and Conditions (hereinafter "GTC") - in addition to the definitions given in brackets:

a) "Online Service / TRACKTICS APP": Software applications for mobile devices (smartphone/tablet) or web application (https://app.tracktics.com/login/ ), which enable access to certain services of the provider within the framework of the selected subscription model;

b) "Website": https://tracktics.com/;

c) "User" / "Customer": All contractual partners of TRACKTICS who have concluded a contract with Tracktics during the period of validity of these GTC, whereby in the area of ​​online tracking the The designation "user" is preferred and in the area of ​​the online shop the designation "customer". Together "users" and "customers" are also referred to as "contractual partners".

d) "Football Performance Tracker": GPS tracking devices for recording and radio-assisted transmission of the movement data of football players.

§ 1 SCOPE

The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

§ 2 ONLINE SERVICE/TRACKTICS APP: GENERAL

(1) To use the online service of the TRACKTICS APP , both the possession of a football performance tracker and the registration of the customer via the website are required as well as the conclusion of a paid service contract in the form of a subscription model (hereinafter also "subscription") required.

(2) The customer is obliged to provide truthful and complete information about name and e-mail address when registering. TRACKTICS reserves the right to check the correctness in individual cases.

(3) TRACKTICS reserves the right to deny the customer's access to the online service of the TRACKTICS APP in the event of justified suspicion of misuse or grossly inappropriate use temporarily or permanently blocked.

(4) When purchasing the football performance tracker, the customer chooses between different subscription models. Unless expressly stated otherwise, the fees listed by TRACKTICS on the website for the respective subscription models include the applicable statutory sales tax.

(5) The scope of services, the price and the subscription period of the various subscription models result from the scope of services published on the website for the respective subscription model at the time the contract was concluded

(6) As soon as a subscription period has come to an end, the subscription is automatically extended by the initially booked subscription period, unless the subscription was canceled before the end of the respective subscription period at the latest ("automatic renewal"). In the case of an automatic extension, the contractual partner must pay the standard price for the respective subscription model; any promotional or special price are therefore not taken into account. The standard prices for the various subscription models can be found on the TRACKTICS website.

§ 3 ONLINE SERVICE/TRACKTICS APP: OBLIGATIONS, OBLIGATIONS AND RULES OF CONDUCT OF THE USER

(1) In order to be able to use the TRACKTICS online service to its full extent, the user must use current (browser) technologies or enable their use (e.g. activation of Java script, cookies, pop-ups) or always one use updated TRACKTICS app. When using older technologies, apps that are not up-to-date or outdated end devices, the user may not be able to use the online service at all or not to the full extent.

(2) The user must treat the access data (the combination of email address and password) as strictly confidential and protect it from unauthorized access by third parties. He may not make anyone, not even employees of TRACKTICS, aware of this access data. If the user has reason to believe that third parties have become aware of the access data in whatever way, he is obliged to change his password immediately.

(3) The user undertakes to use the online service provided by TRACKTICS as intended and to refrain from actions when using it that damage TRACKTICS, other TRACKTICS users or third parties or endanger them and/or the availability of the online service could restrict for other users. Intended use also includes compliance with all notices, recommendations and the like that TRACKTICS provides at the time the contract is concluded or thereafter, on its website, in operating instructions and/or other documents made available to the user. The trackers were specially developed for locating football players and should therefore only be used for this purpose. Some countries and regions have laws regarding the digital positioning and tracking of people and/or objects. Solely the customer or user of the GPS tracking device, but not TRACKTICS, is responsible for complying with such laws or regulations.

(4) TRACKTICS offers the user the opportunity to post content in databases, to communicate and interact with other users. The user assures not to misuse the TRACKTICS online service. In particular, the user must comply with the following rules:

a) Personal data is entered in the user's public profile at the user's own risk.

b) The publication of data from third parties (e.g. creating a profile for a third party) without their consent or uploading an image showing a third person without their consent is not permitted.

c) The user bears sole responsibility for the content stored in his profile. When posting content in his profile, the user undertakes not to disseminate any immoral, pornographic, obscene, racist, glorifying or downplaying violence, radical right/left, offensive or other illegal content, materials, information and/or photos.

d) The user also undertakes not to threaten, harass and/or violate the (personal) rights of third parties and other users

The use of the TRACKTICS online service for commercial purposes (e.g Advertising, promoting and offering goods and services) is prohibited.

(5) Irrespective of civil and/or criminal law consequences, the user has TRACKTICS for damages - of whatever kind - and for any claims of third parties - of whatever kind - that result from the violation of the user's obligations according to this paragraph , to indemnify and hold harmless.

(6) TRACKTICS reserves the right, if the user violates these terms and conditions,

a) to warn the user,

b) to delete user content,

c) to block the user temporarily or permanently and/or

d) terminate the contractual relationship prematurely and delete the user profile.

(7) If the user intervenes in the processes of the online service by manipulating the software, own software or automated access to the TRACKTICS software, TRACKTICS is entitled to terminate the online service immediately and to terminate it without notice and/or prematurely of the subscription or the contractual agreement with the user. In this case, there is no right to a refund for a service fee that has already been paid. The same applies if the user accesses the location functions of the tracker or data from TRACKTICS by means other than those made available to the user as part of the respective subscription.

§ 4 ONLINE SERVICE/TRACKTICS APP: AVAILABILITY/GUARANTEE/LIABILITY

(1) TRACKTICS does not guarantee the constant availability of its online service. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems in the area of ​​mobile data transmission, insufficient network coverage, connection problems, problems with the availability of one or more mobile phone providers) that are not within TRACKTICS' direct sphere of influence and are therefore not attributable to TRACKTICS are represented cannot be ruled out. The user declares that he will not assert any claims for damages and/or warranty claims against TRACKTICS for failures that are not his fault. Even in the event of longer (at least 24 hours) interruptions to access to the online service caused by TRACKTICS, the user is only entitled to a proportionate reduction in payment.

(2) Although TRACKTICS makes every effort to provide the user with a secure data connection, TRACKTICS does not guarantee that data transport via external systems, in particular the Internet or telecommunications networks, will not be tracked, recorded or falsified by third parties .

(3) The use of the TRACKTICS online service by the user is entirely at the user's own risk and is voluntary. This applies unreservedly to

a) the use of the hardware used, including (but not limited to) the respective smartphone or browser;

b) the downloading of own and third-party content by the user; and

c) any use by the user of the data created by TRACKTICS or provided by TRACKTICS. The user expressly acknowledges that such data may be incorrect and, to the extent permitted by law, TRACKTICS assumes no responsibility for the accuracy of such data.

(4) TRACKTICS does not guarantee external links, banners or other information and advertising offers that can be placed for the user within the TRACKTICS APP in favor of third parties.Legal transactions that come about between the user and a third-party provider (e.g. via linked pages or banners) lead to contractual relationships exclusively between the user and the third-party provider TRACKTICS does not guarantee the services of third-party providers.

(5) The user releases TRACKTICS from all claims that third parties raise against TRACKTICS due to a violation of their rights through content posted by the user within the online service or through other use of the applications available via the online service. The user bears the costs of a necessary legal defense of TRACKTICS, including all court and legal fees in the statutory amount. This does not apply if the violation of rights is not due to culpable behavior on the part of the user.

(6) In the event of a claim by a third party, the user is obliged to inform TRACKTICS immediately, truthfully and completely of all information available to him that is necessary for an examination of the claims and a defense. Any further claims for damages by TRACKTICS against the user remain unaffected.

§ 5 TRACKTICS ONLINE SHOP: CONCLUSION OF CONTRACT

(1) The customer can select products from the provider's range, such as various goods and subscriptions, and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request to purchase the products in the shopping cart. Before sending the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail with the subject "Confirmation of your order for Tracktics products", in which the customer's order is listed again and which the customer can print using the "Print “ can print out. The customer's order represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved in compliance with data protection.

(3) The contract is concluded in German.

§ 6 TRACKTICS ONLINE SHOP: DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS, RESERVATION OF TITLE

(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 5 (2) of these General Terms and Conditions), provided the purchase price has been paid in advance.

(2) If the product specified by the customer in the order, eg the football performance tracker, is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany, Switzerland, Austria.

(4) The customer can make the payment by SEPA direct debit, PayPal, Visa, MasterCard, SOFORT.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by missing the deadline.

(6) The delivered goods remain the property of the provider until the purchase price has been paid in full.

§ 7 TRACKTICS ONLINE SHOP: PRICES AND SHIPPING COSTS

The current prices for all goods and subscription models, like the corresponding services, can be seen on the website. All prices include the applicable statutory sales tax.

§ 8 STATUTORY WARRANTY CLAIMS

(1) The statutory provisions for material defects and defective services apply. Special consumer rights and claims under the Product Liability Act remain unaffected.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not do this, this has no effect on your statutory warranty claims.

§ 9 LIABILITY

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or injury Health.

(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 10 NOTES ON DATA PROCESSING

(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.

§ 11 FINAL PROVISIONS

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.








TERMS AND CONDITIONS FOR CUSTOMERS WHO CONCLUDED THEIR CONTRACT BEFORE 9 APRIL 2019

§ 1 SCOPE, DEFINITIONS

(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital products, in particular the licensing agreements attached to the digital products. In case of doubt, only private and commercial use is granted without the right to resell or sublicense.

§ 2 CONCLUSION OF CONTRACT

(1) The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail with the subject "Confirmation of your order for Tracktics products", in which the customer's order is listed again and which the customer can print using the "Print “ can print out. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. The content of the order is summarized in this. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved in compliance with data protection.

(3) The contract is concluded in the following languages: German.

§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS

(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided the purchase price has been paid in advance.

(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria.

(4) The customer can make the payment by SEPA direct debit, PayPal, Visa, MasterCard, SOFORT.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.

§ 4 RESERVATION OF OWNERSHIP

The delivered goods remain the property of the provider until the purchase price has been paid in full.

§ 5 PRICES AND SHIPPING

(1) All prices stated on the provider's website include the applicable statutory sales tax.

§ 6 WARRANTY FOR DEFECTS

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. In relation to entrepreneurs, the warranty period for items delivered by the provider is 12 months.

§ 7 LIABILITY

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or injury Health.

(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 NOTES ON DATA PROCESSING

(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.

§ 9 FINAL PROVISIONS

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.

.