By registering with POACHER, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. The use of all services offered by POACHER is exclusively based on the following terms and conditions.
I. Usage relationship – establishment & termination
- By registering on our website, or by other means, in particular by clicking on the button “REGISTER” or similar on our website, which enables access to the services offered by POACHER, you agree that a legally binding contract is concluded between you and POACHER. The contract is for the use of our website and all services offered by us. If you do not agree with these terms or the conclusion of the contract, you should not register or otherwise use our services. The conclusion of the contract takes place with POACHER Sports GmbH. The contact details of POACHER Sports GmbH as well as further information about the commercial register data or names of the authorized representatives can be found in our imprint, or at the end of these terms and conditions.
- POACHER pursues the purpose of connecting amateur soccer players, coaches and clubs from all over Germany and would like to give players and clubs the opportunity to present themselves with a high-quality external image. So we offer clubs, companies and players the opportunity to get in touch. In addition, POACHER enables press institutions to publish news and content. They in turn enable players and clubs to consume news and content. The social network is the core application of our service.
- Registration is free of charge. The use of our services is also free of charge, unless you opt for our premium offer. For this see III. 7.
- During the registration it is obligatory that you give your first and last name completely and correctly. Furthermore, you must provide a valid e-mail address when registering. It is up to you whether you want to provide further information.
- The termination of the user relationship is possible at any time. You do not have to observe a cancellation period. The termination can be done by deleting the user account. Each party of the user contract is entitled to terminate the contract extraordinarily for an important reason. Such an important reason for POACHER also exists, if you violate the provisions of these terms and conditions despite a warning. POACHER may terminate the contract by blocking your user account. POACHER reserves the right to perform an identity check in case of your termination in order to prevent unauthorized terminations by third parties. Regarding POACHER’s premium offer see III. 7.
- POACHER reserves the right to change these TOS at any time without giving reasons, unless this is unreasonable for you. POACHER will notify you of any changes to these TOS in a timely manner. If you do not object to the application of the new GTC within 6 (six) weeks after notification, you will be deemed to have accepted the amended GTC. POACHER will inform you in the notification of your right to object and of the significance of the objection period. POACHER further reserves the right to change the TOU if the change is merely beneficial to you; if the change is purely technical or procedural, unless it has a material effect on you; if POACHER is required to bring the TOU into compliance with applicable law, in particular if the applicable legal situation changes; if POACHER is obliged to make a change due to a court judgment or an official decision against POACHER; or if POACHER introduces new services or other offers which were not previously part of POACHER’s services and which require a description of services in the GTC, unless the existing user relationship is adversely changed as a result. POACHER will inform about such changes of the GTC by e-mail, notices on www.poacher-sports.de, or other websites and services of POACHER.
- POACHER also reserves the right to discontinue any or all of its services at any time without prior notice.
- You may not transfer a user account to a third party. Anything to the contrary shall only apply if an express written agreement has been concluded between you and POACHER.
II. Right of withdrawal
- You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of revocation, you must inform us by means of clear statements about your decision to revoke this contract. A letter or e-mail is sufficient for this purpose. You can reach us at: POACHER Sports GmbH In der Taufe 7 51427 Bergisch Gladbach Germany
Tel .: 0152/52953757 firstname.lastname@example.org
- If you cancel this contract, we will reimburse you for all payments that you may have made to us, including all costs associated with the contractual relationship (e.g. delivery costs) without delay, i.e. no later than within 2 (two) weeks from the day on which we receive your cancellation. For this purpose, we will use the means of payment that you used for the original transaction. Something else applies only if you have expressly agreed otherwise with us. We will not charge any fees for the refund. If you have requested that our services begin during the withdrawal period, you must pay us a reasonable amount for the provision of our services during the withdrawal period. The amount shall correspond to the proportion of the services provided up to the point in time at which you exercised your right of revocation compared to the total scope of the services provided for in the contract. 2.
- the right of withdrawal in your favor does not exist if you have exercised a predominantly commercial or independent professional activity at the time of conclusion of the legal transaction and are therefore to be regarded as an entrepreneur (§ 14 BGB).
- you expressly agree that we begin with the execution of our services before the end of the withdrawal period.
III. Your obligations when using POACHER
- In order to use our services, you agree to the following terms:
- You are at least 16 years old.
- You only create a POACHER user account that you can use with your created real name.
- You have not previously been barred or restricted by POACHER from using our services.
- The creation of a user account under false information or contrary to the conditions mentioned in paragraph 1 is a violation of our terms. This includes accounts opened in the name of others or for persons under the age of 16. According to these conditions, the minimum age is 16 years. However, if by law a higher age is required in order for POACHER to lawfully make its services available to you without parental consent, “minimum age” means the age required by law.
- If you have the possibility to use the services of POACHER by means of a username, this username must not consist of an e-mail or internet address. The username may not violate the rights of third parties, in particular no name or trademark rights, may not offend common decency and may not be vulgar, racist or in any other way insulting or otherwise derogatory.
- You are responsible and liable for all activities that are carried out using your user account. For this reason, you are obligated to keep your password secret and to secure access to your user account. If you have any reason to believe that a user account is being or has been misused by a third party, you must delete the account and, if necessary, create a new one. You must notify POACHER immediately of any such misuse. Liability at your expense exists only if you have violated a duty of care. Otherwise, you are not liable.
- POACHER will keep you informed about changes according to clause I.7. and about other information. For this purpose, you agree that POACHER may send you notices and messages. You are obligated to keep your contact information up to date. POACHER will contact you by the following means:
- Within our service
- The contact information provided by you (email address, cell phone number, address)
- You have the opportunity to share messages and information through our services in many ways. For example, you can share messages and information through your profile, group posts, links to articles, news and chats. However, POACHER is under no obligation to post any information or content on our Services. POACHER may remove any information and/or content without prior notice.
- If you purchase POACHER’s premium paid service, you agree to the additional terms of the premium service and agree to pay us the applicable fees and taxes. If you do not pay the corresponding fees and taxes, the premium offer will be terminated. You will receive an invoice by email.
- You are obligated to ensure that the publications made by you, in particular the publication of image and video files, only take place if you are entitled to the rights of use of the photo or video, including the right to make it publicly available via the Internet. Should you subsequently become aware that your publication was not lawful, you are immediately obligated to delete the publication and to inform POACHER of this circumstance.
- Should you violate any obligation arising from the user agreement or the terms and conditions, you are obligated to indemnify POACHER from all claims of third parties resulting from such violations. POACHER is entitled to disclose your personal data to third parties if POACHER suspects that your publication has violated the rights of third parties. POACHER is also entitled to release your personal data to third parties if POACHER is held liable by such third parties due to one of your publications. You agree to the transfer of your personal data.
- POACHER assumes no liability for the content, data, other publications, information and content published by users in the services offered by POACHER on linked websites operated by third parties. This applies to the truthfulness of the content in order for it to serve a specific purpose or to serve such a purpose. You are responsible for all content (text, data, photos, photo series, videos, links (hereinafter referred to as “Publications”) that you publish on POACHER or otherwise use through the services provided by POACHER.
- POACHER does not check the publications made by you. The publications made by you on the website or other services of POACHER do not reflect the opinion or any other connection to POACHER and POACHER expressly dissociates itself from these publications. POACHER merely offers you a platform and does not participate in the communication of the users among themselves. This does not apply if POACHER is active in an individual case. Such activity is to be assumed when POACHER starts the communication (moderation). The simple mention of POACHER does not establish a connection with a publication. It is foreign content of the POACHER users.
- If you conclude contracts with other POACHER users about the services offered by POACHER, especially the social network, POACHER does not become a contractual partner of these contracts. Any other participation of POACHER in these contracts is also excluded. Any liability of POACHER for contracts concluded via our services, whether due to a breach of duty or any other breach of contractual obligations, is also excluded.
- The publications made by you must be lawful. You are responsible for ensuring that your publications do not violate applicable laws and do not infringe the rights of third parties. In particular, you are obligated not to make any publications that violate criminal law, copyright, competition law, trademark law, personality law or youth protection laws as well as other industrial property rights.
- You are expressly forbidden to make publications that are insulting, defamatory, threatening, obscene, harassing, racist, national socialist, made for illegal purposes, advertising for anti-constitutional organizations, glorifying or trivializing drugs, glorifying or trivializing war or violence, offending common decency, against the good tone or good manners, grossly offensive, pornographic or sexual nature, harmful to minors, extremist, promoting a terrorist or extremist political organization, inciting to a crime, defamatory, punishable or otherwise unlawful, party or political propaganda.
- POACHER reserves the right to change the services, websites or other offers on the website www.poacher-sports.de or in connection with this website or to offer different services, unless this is not reasonable for you.
V. POACHER’s liability
- POACHER is not liable for the publications of its users. In particular, POACHER is not liable for the publication of external third party sites (links).
- POACHER cannot guarantee the permanent availability and operability of its website and other services. You acknowledge this. PAOCHER will, however, endeavor to keep the website and other services available as constantly as possible. POACHER shall not be liable for any failure, loss of data, transmission errors, interruptions in the quality of access to the services or other impairments in the use of the website or other services. In particular, POACHER is entitled to discontinue the Website or other services in whole or in part with effect for the future. This shall not give rise to any liability.
- POACHER is only liable for illegal publications according to § 10 Telemediengesetz (German Telemedia Act), if POACHER has knowledge of the illegal publication or if facts or circumstances are known from which the illegal publication becomes obvious, and POACHER did not act immediately to remove the information or to block access to it as soon as POACHER became aware of it.
- POACHER shall be liable without limitation for damages resulting from injury to life, body or health caused by a breach of duty by POACHER. This shall also apply if POACHER has guaranteed a quality and damages result from the lack of such quality. Furthermore, POACHER shall also be liable in case of fraudulent conduct. Finally, POACHER shall be liable without limitation for damages resulting from intentional and/or grossly negligent acts of its legal representatives and/or vicarious agents.
- POACHER’s liability in case of slight negligence in case of breach of material contractual obligations shall be limited to the amount of the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the contracting parties may regularly rely. In all other respects POACHER’s liability is excluded.
VI. data protection
- You agree that POACHER may collect, process and/or use your personal data. Regardless of your consent, this also applies if this is permitted by law.
- If you transmit your personal data to other users via the services offered by POACHER, you do so at your own risk. POACHER does not assume any liability for this.
VII. Other provisions
- POACHER is entitled to commission third parties with the fulfillment of the contractual obligations in whole or in part, unless otherwise expressly agreed. However, POACHER shall remain responsible for the contractual obligations even in this case. POACHER is entitled to transfer rights and obligations arising from the user agreement or other legal bases in whole or in part to third parties.
- POACHER is entitled to send you declarations by e-mail or by letter. This does not apply if otherwise expressly agreed in the GTC or otherwise.
- POACHER does not participate in any dispute resolution proceedings before a consumer arbitration board.
- Disputes arising from or in connection with the services offered by POACHER, these GTC or the existing user relationship, as well as all other offers, shall be governed by German law. International law, in particular European private law, as well as the UN Convention on Contracts for the International Sale of Goods is excluded.
- If a place of jurisdiction can be effectively agreed upon, the place of jurisdiction for all disputes arising from facts in which POACHER is involved is Cologne.
- Place of performance is the registered office of POACHER Sports GmbH.
- If any provision of these terms and conditions is or becomes invalid, or if there is a gap in these terms and conditions, this shall not affect the validity of the remaining provisions. Rather, in place of the invalid or missing provision, such valid provision shall be deemed to have been agreed upon as the parties to the contract would have made in accordance with the (economic) purpose pursued by them with this agreement if they had considered the point.
POACHER Sports GmbH
In der Taufe 7
51427 Bergisch Gladbach Germany
Tel .: 0152/52953757
Management: Marcel Andrijanic, Noel Below, Yannik Jaeschke
Register court: Cologne District Court, HRB 102014, place of jurisdiction is Cologne
Welcome to POACHER Premium. We are pleased that you have chosen our absolute highlight and the associated unlimited use of POACHER.
The use of POACHER Premium services is subject to fees. You can pay the invoices issued for this purpose using the payment methods offered by POACHER. If a fee cannot be collected, you will bear all costs incurred by POACHER, in particular bank fees in connection with the return of direct debits and comparable fees, to the extent that you are responsible for the event triggering the costs.
Invoices and payment reminders may be sent by POACHER electronically. POACHER reserves the right to change the billing at any time from Euro to the respective national currency of the country from which you use POACHER, unless you object to this.
POACHER will issue invoices for the use of the Premium Services, with the issuance of which the requested amount is immediately due for payment for the entire term. POACHER reserves the right to reasonably increase the fee for the Premium Services with effect from the beginning of a new renewal period following either the minimum usage period or the respective current renewal period. In the event of a hearing of the fee to be paid, PAOCHER will inform you of the increase at least 6 (six) weeks before the end of the minimum usage period or the respective current renewal period. If you do not agree with the fee increase, you may object within two (2) weeks by letter or e-mail. The objection corresponds to a termination of the premium services by you, so that the premium services end with the expiration of the existing usage period.
POACHER’s Premium Services will run for the minimum period you have booked. Thereafter, the period of use of all POACHER Premium Services will be extended by renewal periods of the same duration, if they are not terminated by you or POACHER in due time.
If you have opted for a monthly subscription to POACHER, you and POACHER are entitled to terminate your use of the Premium Services without giving reasons at the end of the minimum usage period booked in the initial subscription or subsequently at the end of a renewal period by letter, email or the cancellation button implemented in POACHER’s services.
If you have opted for a six (6) or twelve (12) month subscription to POAHCER, you and POAHCER are entitled to terminate your use of the Premium Services without cause upon four (4) weeks’ prior notice to POAHCER at the end of the minimum usage period initially booked or upon four (4) weeks’ prior notice to POAHCER at the end of any renewal period by letter, email or the cancellation button implemented in POAHCER’s Services.
If you do not terminate the Premium Services used by you within the aforementioned periods, your subscription will be automatically extended by the period of use originally agreed upon by you.