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Hunter & Companion – General Terms of Use
Version: 25 October 2019
1.1 These General Terms of Use (the “GTU”) shall apply to the use of the application “MyHunt App” (the “Hunting Companion”) offered by Hunter & Companion GmbH, Zielstattstr. 19, 81379 München (Munich), Germany (“HC”), as well as to all functions available through MyHunt App (the “ Hunter & Co.-Funktionen”; “MyHunt App” together with the “Hunter & Co.-Funktionen” are hereinafter also referred to as “Services”).
1.2 Only natural persons are entitled to register for the Services (the “Customer/s”).
1.3 The use of the Services is exclusively governed by these GTU. Any provisions deviating from these GTU require HC’s prior written consent in order to be applicable.
1.4 The download of the Hunter & Co. app shall be subject to the terms and conditions of the third-party provider, i.e. Apple’s AppStore (for iOS terminal devices) or Google Play Store (for Android terminal devices), from which the Hunter & Co. app is downloaded.
1.5 Any and all previous general terms and conditions of use shall be replaced by these GTU, in particular also those concerning a free use of Hunter & Co. Likewise, any future changes to these GTU shall replace the respectively previous version. HC will inform its Customers about any changes in due form. Every Customer is entitled to terminate the contract of use within four (4) weeks from receipt of HC’s notification of change or to stop using the MyHunt app. If the Customer does not declare a termination within the aforementioned period or continues to use the MyHunt app, the GTU shall apply in their amended version.
2.1 To make use of the Services, the Customers’ needs to create a user account (“Account”) and consent to these GTU.
2.2 By creating an account, a contract of use is established between the Customer and HC.
3.1 A basic prerequisite for the use of the Services is an Internet-capable terminal device. In order to be able to use the mobile app of Hunter & Co., the Customer requires a GPS-enabled mobile device on which the operating system iOS or Android is installed in the version which is indicated as a minimum requirement for downloading. Furthermore, the use of the Services requires an Internet connection with a sufficient data transfer rate and, as far as the mobile app is concerned, an activated GPS signal.
3.2 The Customer shall ensure that the data provided by him/her is always up to date and shall make any required updates. Personal access data (such as passwords) must not be disclosed to any third party and must be protected against third-party access. Passwords should be changed regularly for security purposes. If there is reason to suspect that an unauthorised person has gained access to or knowledge of access data, the Customer shall immediately inform HC thereof by email and immediately change his/her access data.
3.3 The Customer must not misuse the Services. A misuse of Services in particular exists if the Customer (i) provides information which, to the best of his/her knowledge, is wrong, (ii) takes any action which is aimed at circumventing technical security measures or (iii) exceeds the agreed scope of use.
3.4 The Customer undertakes to refrain from any electronic attacks against the Services. Electronic attacks are, in particular, attempts to circumvent, overcome or otherwise override any security mechanisms of HC, the use of computer programs for the automatic reading of data, the use and/or circulation of viruses, worms, Trojan horses, brute force attacks or spam or the use of other links, programs or procedures which could harm HC.
3.5 The Customer undertakes not to upload any unlawful, infringing, insulting, defamatory, discriminating, inhuman, racist, anti-constitutional, sexist, violence-glorifying or pornographic content.
3.6 If the Customer gains knowledge of any content which violates the aforementioned clause 3.5, he/she shall either immediately remove such content to the extent that such content was provided by the users of his/her Account and to the extent this is technically possible for him/her or inform HC of the existence of such content.
3.7 HC is entitled to remove any infringing content, in particular any content which violates clause 3.5, and to limit access to certain functions or block the Customer’s Account if the Customer violates these GTU.
3.8 In case of a violation of any third-party rights, the Customer shall directly be liable vis-à-vis those third parties. If third parties have justified claims resulting from such violation, the Customer is obliged to completely indemnify HC unless the Customer proves that he/she is not responsible for the violation of rights which caused the damage. HC reserves the right to assert claims against the Customer and the users.
4.1 HC provides its Services exclusively in Germany. The content, scope and features of the Hunter & Co. Functions exclusively result from the product description provided by Hunter & Co.
4.2 HC reserves the right to regularly adjust its Services to the market situation. It is therefore particularly important for the use of the Services to keep the operating system of the mobile terminal device as well as the Hunter & Co. app up to date. Adjustments may also lead to the fact that in particular older terminal devices may no longer meet future requirements or only meet them to a limited extent.
4.3 Some Hunter & Co. Functions require an active Internet connection. Some Services in the mobile app are partly limited to the reception and transmission range of the radio stations operated by the respective network operator and can be affected by atmospheric conditions, topographical circumstances, the location as well as obstacles (e.g. bridges and buildings). The functionality and availability of the terminal devices used by the Customer (e.g. PC, smartphone) as well as the Internet and/or mobile phone connection are not the subject-matter of HC’s Services. The Customer is responsible for them.
4.4 A claim for use of the Services only exists within the framework of the current and proven state of the art. HC reserves the right to temporarily limit access to the Services if this is required in light of capacity limits, for the security or integrity of servers or in order to carry out technical measures and if this serves the proper or improved provision of the Services (e.g. in case of maintenance work).
4.5 HC reserves the right to make use of subcontractors in order to provide its Services.
5.1 Hunter & Co. is protected by copyright. HC only grants the Customer a non-exclusive, non-transferable and non-sublicensable right to use Hunter & Co. pursuant to the provisions of these GTU. No further rights of use are granted with respect to the app. The Customer is only entitled to decompile and copy Hunter & Co. insofar as this is permitted by law.
5.2 The Customer grants HC the right to store and electronically process the data and information which is uploaded via his/her Account, such as hunting ground entries, images, photos, posts or other information (“Project Information”), for the purposes defined in these GTU. Hence, HC is entitled to process and store the Project Information for the purpose of providing its Services. Project Information is analysed in an anonymised or pseudonymised way on a statistical basis for the purpose of improving our Services. No image files or GPS data will be analysed or forwarded to third parties (neither for remuneration nor for free). In principle, no Project Information will be made available or forwarded to any third parties.
What does this mean for you as a user?
Your data will by no means and at no point in time be disclosed to any third parties. We analyse the use of individual functions on a purely statistical basis via Google Analytics in order to see which functions of the app are used. You can object to this analysis via Google Analytics permanently by choosing the respective settings in your profile.
5.3 The Customer is liable and shall ensure that no third-party rights in and with respect to the Project Information (e.g. copyrights or know-how protection) are violated within the framework of the contractually agreed use of the Project Information which is uploaded via his/her Account. Insofar as any third party asserts rights in or with respect to any Project Information which is uploaded via his/her Account, the Customer shall indemnify HC against any claims, costs and expenses which arise in connection with the legal defence. Any further claims of HC, irrespective of their legal grounds, shall remain unaffected.
6.1 The registration of an Account is free of charge. The fees for using the Hunter & Co. Functions depend on the type and scope of functions. Part of the Hunter & Co. functions is subject to a fee. Such functions can be purchased and downloaded by the Customer from within the app (in-app purchase). The Customer will be informed about the available periods for subscribing to Hunter & Co. Functions which are subject to a fee before the start of the subscription process. The Customer can also terminate his/her use of the Hunter & Co. Functions which are subject to a fee in Apple’s AppStore (for iOS terminal devices) or the Google Play Store (for Android terminal devices). In case of a termination, the Hunter & Co. Functions which are subject to a fee can no longer be used, and the Customer’s payment obligations end, upon expiry of the respective subscription period.
6.2 The amount of the fees owed for the Services results from the prices indicated in the Hunter & Co. app at the time of the respective authorisation. HC reserves the right to adjust the fees for certain types of Accounts as part of the renewal of the respective Account. HC shall inform the Customer about any fee adjustments in due time before the renewal so that the Customer, if he/she does not agree to the fee adjustment, can choose whether to deactivate his/her Account at the end of the term, to change the Account into an Account which is free of charge or to terminate the user relationship as a whole.
6.3 The obligation to pay fees for an Account arises upon the purchase of the respective functions which are subject to a fee within the Account and is not subject to the actual use of the Services. Any refund of fees upon deregistration of an Account within the same month or for unused Accounts is excluded.
6.4 Invoicing will be made per Account. If the Customer registers further Accounts subject to a fee after the monthly invoicing date stipulated by HC, the fees owed for these Accounts will be invoiced in the subsequent month. A transfer of Accounts between various Customers or a clearing between various Accounts shall be excluded.
6.5 The fees owed shall become due for payment without deductions immediately upon receipt of the invoice.
6.6 The Customer has the payment possibilities stipulated in the Hunter & Co. app. Payment may be processed via the respective infrastructure of the payment methods offered in Apple’s AppStore (for iOS terminal devices) or Google Play Store (for Android terminal devices).
6.7 If the Customer is in default with his/her payment obligations, HC is entitled to charge default interest in the amount of eight percentage points above the respective base rate pursuant to Sec. 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). If HC is able to prove that the level of damage caused by the default is higher, HC is entitled to assert this damage. However, the Customer is entitled to prove that HC suffered no or lower damage due to the default.
6.8 Without prejudice to clause 6.7, HC can block the respective Account for the Hunter & Co. Functions in case of non-payment or delayed payment of the fees owed for the Account. The rights of HC under clause 8.5 shall remain unaffected.
6.9 The Customer is not entitled to set off counterclaims which are contested by HC and/or have not been established with final legal effect or have not been acknowledged by HC or to assert a right of retention in this context.
7.1 HC shall be liable without limitation for personal injuries, fraud and any and all damage which was caused intentionally or through gross negligence by the legal representatives or vicarious agents of HC.
7.2 In all other respects, HC shall be liable on the merits only for violations of material contractual obligations for which HC is responsible. Material contractual obligations are obligations the fulfilment of which is required to properly execute the contract and on the compliance with which the contractual partner may regularly rely and the violation of which jeopardises the achievement of the contractual purpose. Liability for the violation of such a material contractual obligation shall, in terms of the amount, be limited to the damage foreseeable upon conclusion of the contract which might typically occur.
7.3 In all other respects, a liability of HC for damage caused by negligence, irrespective of the legal grounds, shall be excluded. This shall also apply in favour of HC’s legal representatives, employees, vicarious agents and any subcontractors to which HC transferred tasks.
7.4 The aforementioned limitations of liability shall not apply in cases where HC assumed an express guarantee or in cases where liability is subject to the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG).
7.5 Claims for damages vis-à-vis HC as well as their legal representatives, employees, vicarious agents and subcontractors in principle become time-barred one year after they have arisen. This shall not apply to the cases defined in clauses 7.1, 7.2 and 7.4.
8.1 The contract of use is concluded for an indefinite period of time.
8.2 The Customer may terminate the contract of use for an Account for convenience (ordentlich) without notice at any time. If the Customers uses Hunter & Co. Functions which are subject to a fee, the contract of use may only be terminated with effect to the end of the respective subscription period. In such case, the termination must be declared before the end of the respective subscription period. No additional notice period must be observed. HC’s payment claims vis-à-vis the Customer which arose until the date of termination shall remain unaffected by the termination.
8.3 HC reserves the right to cease to provide the infrastructure behind Hunter & Co. and the Services as such. HC shall inform the Customer about such cessation by email no later than 3 (three) months in advance.
8.4 The Customer and HC are entitled to terminate the contract of use for good cause without notice (außerordentlich fristlos aus wichtigem Grund). A good cause exists for HC in particular if the Customer violates one of the prohibitions stipulated in clauses 3.3, 3.4 and 3.5 or culpably exceeds his/her rights of use to a considerable extent.
8.5 In case of considerable violations of the Customer’s duties as well as in case of justified considerable suspicions indicating a considerable violation of duties, HC is entitled to suspend the Services for the Customer. This applies in particular if the Customer intentionally provided inaccurate or false information, e.g. in order to avoid payment obligations. HC shall inform the Customer about the reason for the suspension by email. The suspension will be upheld until the violation of duty has been remedied and/or the Customer has provided credible assurance that he/she will refrain from any such violations of duty in the future. HC’s right to a termination for cause (außerordentlich) shall remain unaffected from a possible suspension of Services.
8.6 A termination by the Customer must be declared by choosing the respective settings provided for in the Hunter & Co. app. If the Customer only terminates the user accounts registered under his/her name, HC may, at its discretion, grant the Customer continued access to the contents uploaded to his/her Accounts; in such case the Customer remains obliged to comply with the terms of these GTU. If the Customer requests a deletion of the Account or the Accounts registered under his/her name upon termination, he/she must choose the respective settings provided for in the Hunter & Co. app.
8.7 In the context of the termination of the contract of use, HC shall give the Customer the possibility to export any content provided by the Customer in a common standard format. In case of a termination of the contract of use, HC stores the data of the Account for another 6 (six) months unless the Services are suspended pursuant to clause 8.3.
HC collects and processes personal data of the natural person acting as or for the Customer within the framework of the Customer’s use of the Services. Data will be processed in compliance with HC’s privacy policy.
10.1 The laws of the Federal Republic of Germany shall apply without giving effect to the UN Convention on the International Sale of Goods (CISG). If the Customer is a merchant, a legal person under public law or a fund under public law, the exclusive place of jurisdiction for all disputes in connection with or resulting from the use of the Services shall be Munich.
10.2 If individual provisions of the GTU are or become invalid, this shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a provision which comes as close as possible to the intent and purpose of the invalid provision.
10.3 Amendments and supplements to these GTU shall be made in writing in order to be legally effective. This also applies to a change of the written form clause. There are no oral or written side agreements.
