General terms and conditions of use
1. General information
The platform "Zusammen-Leiwand.at" (https://www.zusammen-leiwand.at/ and https://gutschein.zusammen-leiwand.at/) ("Platform"), its design, structure and setup were created by the Simplewish GmbH ("Simplewish", "we") and are its property. The service descriptions, vouchers, conditions and other content posted by the companies are not created from Simplewish. Simplewish has no influence on them, is not liable for them and assumes no obligation to monitor them or to check them for legality on its own initiative.
2.1.1 between you as a user of the Platform ("User") and Simplewish as the operator of the Platform, and
2.1.2 between you as the provider of vouchers and services ("Company") and Simplewish as the operator of the Platform.
3. Description of services
3.1 As a result of the COVID-19 crisis and the measures taken in connection with the COVID-19 crisis, it is currently prohibited to enter the customer area of business premises of retailers and service providers for the purpose of purchasing goods or services. This platform enables companies affected by these measures to offer and sell vouchers via the platform.
3.2 In order to be able to offer vouchers via the platform, companies must provide the following mandatory data: Name, address and short description of the company; e-mail; website; telephone number; industry sector and category of the company; to request the company's listing on the Platform; payment details; first and last name; address; birthday; nationality; and country of residence of company representative; ID/passport copy. We are entitled but not obliged to process every request. We reserve the right to decide at our sole discretion whether the company will be listed on the platform. The companies have no right to be listed on our platform. Furthermore, we are entitled to delete the companies from the platform at any time at our own discretion and without notification, if we suspect that they contain illegal, incorrect, outdated, offensive or otherwise illicit data and/or content.
3.4 Nach Listung der Unternehmen auf der Plattform, können Nutzer Gutscheine erwerben.
4. Purchase of vouchers, service relationship
4.1 Users do not have to register in order to use the platform and purchase vouchers:
4.1.1 Users only have to click on "Buy Voucher" on the platform at the respective company and enter the value of the voucher.
4.1.2 Vouchers are paid for using the payment methods indicated on the Platform and with the help of external service providers. Any reimbursement of payments made by users will be made by the payment method used by the user. The statutory default regulations apply.
4.1.3 Simplewish processes the payments of the users on behalf of the users and forwards the paid amounts to the companies on behalf of the users.
4.1.4 Simplewish is responsible for the collection of the price agreed between the user and the company.
4.1.5 Simplewish will transfer the amount received within 14 working days of receipt, less any deductions such as costs from payment providers or any fees, to the companies
4.1.6 The further processing (issue of the voucher) is then carried out directly between the user and the respective company. The contract is also concluded directly between the user and the respective company.
4.1.7 After the user purchases a voucher, an account will be created for him based on the data provided, so that he can access the vouchers in the future
4.2 For the purchase of vouchers and for the provision of services by the companies, the terms and conditions of the respective company and the conditions specified by the company for the respective service and the respective voucher apply. Users must have understood and agreed to these before purchasing.
4.3 Simplewish does not become a party to the service provision between the company and the user. Simplewish does not provide the respective services offered, does not issue the vouchers itself and does not owe the redemption of the vouchers. Simplewish only provides the platform that enables companies to offer and sell vouchers to users. Simplewish is not responsible for these offers, the contracts concluded through them and their compliance as well as for the respective service provision and does not have any influence on them.
6. Access to the platform
6.1 Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the platform. We may restrict the availability of the platform or certain areas or functions of the platform at any time without prior notice, in particular if this is necessary in view of capacity limits, the security or integrity of our servers or to carry out maintenance measures to ensure the proper or improved functioning of the platform.
6.2 We may improve, further develop and modify the Platform and introduce new services from time to time.
6.3 We may at any time, at our sole discretion, implement new elements as part of and/or as a supplement to the Platform and may also fundamentally change the way our Platform is used. We are also entitled to shut down the Platform completely and to discontinue our Service.
7. Granting of rights
7.1 The companies grant us free of charge and irrevocably the non-exclusive, temporally, factually and spatially unlimited (worldwide) rights of use of the contents created by you, in particular for the complete and/or partial exploitation, publication, duplication, distribution, processing, further development, broadcasting, incorporeal reproduction and/or for making them accessible to the public as well as any other currently or future possible use, whereby we are also entitled to grant corresponding sub-licenses to third parties. It is not necessary to name the author.
7.2 In particular, we are therefore irrevocably entitled to store the content created by companies and to publish it within the framework of the platform applications.
7.3 The companies hereby confirm and warrant that the content created by them does not violate any legal provisions and is not offensive or otherwise illegal, and further that its use within the scope of this granting of rights does not infringe the rights of third parties (in particular other rights holders). The companies will indemnify and hold us harmless against any claims by third parties.
The elements contained on the platform such as texts, images, graphics and video files are subject to copyright protection and the protection of intellectual property. These elements may not be reproduced or otherwise edited or processed without our written consent.
9. Changes of the terms & conditions
Due to the applicable laws or for other operational reasons, it will continuously be necessary to adapt these terms & conditions. We will inform you of this by e-mail to the contact address you have provided. Should we update these terms & conditions, the users or companies are free to accept the conditions or to terminate the use of our platform. If users or companies continue to use the platform after the update has become effective, this will be deemed to be an acceptance of the new terms and conditions and a declaration of consent to be bound by them.
10. Warranty and liability
We make our platform available free of charge "as seen". The users and/or the companies confirm that they understand and agree to the following provisions:
a) We assume no liability for the information, services, published articles and services generated by the platform in terms of correctness, topicality, completeness and functionality.
b) It is not part of our performance that (i) the platform is accessible, secure or error-free at all times, or (ii) insignificant errors in the software or service are corrected. We therefore exclude any warranty in this respect.
c) We, our subsidiaries, affiliates and licensors and our and their officers, employees, agents and successors in title shall only be liable for intent and gross negligence, but not for ordinary negligence. Liability for loss of profit, for indirect and for immaterial damages is excluded in any case. Liability for personal injury and liability under the PHG is not excluded.
d) We exclude any warranty and liability for advertising content or other content of third parties (especially of the companies) that we provide, as well as for any interaction with these third parties. We will not present such third party content as our own.
e) The use of the platform and the conclusion of contracts by users with the respective companies is at their own discretion, risk and peril. We assume no responsibility or liability whatsoever for the enforceability of the contracts concluded.
f) As the operator of the platform, we do not provide, own or control any of the services to which users have access via the platform. The services are owned or provided directly by companies and are controlled and provided by them. The responsibility for the services lies with the respective company. The contract is concluded exclusively between the user and the respective company. We are not and will not be a party or any other party to the contractual relationship between the user and the company. In this respect we do not assume any responsibility or liability whatsoever.
The platform may contain links to external websites, but we do not accept any responsibility or liability whatsoever for their content. In addition, no liability or responsibility of any kind is assumed for external websites that refer to this platform via hyperlinks.
The Companies agree to indemnify and hold us, our subsidiaries, affiliates, officers, employees, advertisers and partners harmless from and against all claims, including claims by third parties, including without limitation, direct and indirect damages and expenses (including reasonable and appropriate reminder, enforcement and legal fees) arising out of any attributable breach of these Terms or any other applicable regulations such as applicable laws. This also applies to claims of customers based on services offered and vouchers from companies and to any other claims of third parties.
13. General provisions
13.1 These terms and conditions and the business relationship, including any questions about the valid conclusion of a contractual relationship and including any disputes are subject to the laws of the Republic of Austria, excluding private international law and conflict of laws rules. This choice of law shall not result in the consumers being deprived of the protection afforded to them by those provisions from which they may not deviate by agreement under the law of the country in which they have their habitual residence (favourability principle).
13.2 If the law applicable to your place of residence does not permit the agreement of a foreign court of jurisdiction for civil proceedings against you, this court of jurisdiction for your place of residence shall be competent for any disputes, in all other cases the court competent for 1010 Vienna in commercial matters, for consumers domiciled in Austria the court competent for their place of residence.