Terms of Use

General Provisions

ZEMMAT GmbH, Spital 4, 6972 Fussach, Austria (company register number FN 487354y), represented by its managing director Mag. Markus Niederer (hereinafter "ZEMMAT"), operates an open, multimedia platform for coordinating appointments at the URL www.zemmat.com, in particular, but not exclusively, for sports clubs. It enables registered users who are of legal age to upload their own content such as photos, texts and videos and make it publicly accessible, to exchange information or get in touch with other registered users, or to link posted content to their own websites. Use of www.zemmat.com (hereinafter: "portal" or "platform" or "website") is free of charge in accordance with these terms of use.

§ 1 Scope

The following terms of use apply to the use of this platform in the relationship between the user and ZEMMAT. Use of the platform is only permitted if the user accepts these terms of use.

§ 2 Registration and Membership

(1) Use of the platform and membership require prior complete and truthful registration. Registration is free of charge. However, the user must be of legal age. At our request, you must send us a copy of your identity card. To be admitted, you fill in the registration form provided on our website electronically and send it to us. You must provide the data required for registration completely and truthfully. When registering, you choose a personal user name and a password. The user name must not infringe the rights of third parties, any other name or trademark rights, or public morals. You are obliged to keep the password secret and never to disclose it to third parties. After registration, you will receive an email to activate your account (double opt-in).
(2) Upon successful registration, the user becomes a member of ZEMMAT. There is no entitlement to membership.
(3) Upon successful registration, the user receives access data, which the user must not pass on to third parties. The user is obliged to keep their access data secret and to protect it from access by third parties. If the user becomes aware that a third party is using their access data unlawfully, the user is obliged to inform ZEMMAT of this immediately by email. In the event of non-compliance, ZEMMAT is entitled to terminate the membership for cause, including blocking the corresponding user account (see § 9 (3)).

§ 3 Services Provided by ZEMMAT

(1) The portal www.zemmat.com is an internet-based platform for coordinating appointments. Users can create a user account, a personal profile, teams and groups in order to make upcoming events publicly accessible.
(2) The services of the platform operator include, among other things:

(a) providing the platform's features for use after the user has been admitted in accordance with § 2;
(b) enabling the user to make contact on the platform within their team or group, if one has been formed;
(c) creating opportunities for information and communication among users.

(3) ZEMMAT does not guarantee the accuracy, completeness, reliability, timeliness or usefulness of the content provided.

§ 4 Obligations of Users

(1) The user must keep their profile up to date at all times.
(2) The user is prohibited from posting content on the platform (e.g. through links or frames) that violates statutory provisions, official orders or public morals.

- whose publication constitutes a criminal offence, such as defamation, insult, slander or damage to creditworthiness, or an administrative offence,
- that infringe copyright, trademark, name, competition, personality or data protection law or any other statutory provision,
- that have offensive, racist, discriminatory, anti-Semitic, pornographic or violence-glorifying content, or content that disparages a religion or a sexual identity,
- that contain advertising. Commercial content always requires the prior consent of ZEMMAT.

(3) The user must not publish any personal data of third parties (e.g. names, addresses, phone numbers, email addresses, photos showing faces, etc.) without their prior consent.
(4) The user is not permitted to create several user accounts and publish different posts or content under them. Pretending to have several identities is not permitted and entitles ZEMMAT to block the user account. The user undertakes not to copy the user names of other users. Offensive, discriminatory or inciting user names will not be tolerated.
(5) The user undertakes to refrain from any action that endangers or disrupts the functioning of the platform, and not to access data they are not authorized to access. Furthermore, the user must ensure that the information they transmit via the portal and the content they post are not infected with viruses, worms or Trojan horses.
(6) A breach of any of the above obligations (§ 4) entitles ZEMMAT to modify or delete the relevant posts or content, to terminate the membership for good cause without notice, and subsequently to block the user's access or delete the user account (see § 9 (3)). In serious cases, ZEMMAT may prohibit the user from registering again. The user is obliged to compensate ZEMMAT for any damage resulting from the breach of duty.
(7) The user is obliged to indemnify and hold ZEMMAT harmless from all claims and demands asserted against ZEMMAT by third parties for infringement of their rights or for legal violations arising from content posted by the user. In this respect, the user also bears the costs of ZEMMAT's legal defence, including all court and attorney fees. The user is also obliged to support ZEMMAT in defending against such claims.

§ 5 No Liability as Host Provider for Third-Party Content

Each user uses the platform on their own and sole responsibility. As a host provider, ZEMMAT is not responsible for the actions of its users, in particular for content or information (data, texts, images, photos, videos, etc.) that a user makes publicly accessible on the platform (§ 16 of the Austrian E-Commerce Act, ECG). ZEMMAT is not obliged to monitor the content provided by users on the platform without any indication of an infringement. Responsibility for the lawfulness of all content and information lies solely with the user. Under no circumstances does ZEMMAT adopt third-party content as its own.

§ 6 Liability of the Platform Operator

(1) ZEMMAT accepts no liability for the constant or uninterrupted availability of the platform, for the platform being free of content errors or free of viruses; in particular, ZEMMAT is not liable in cases beyond its control, such as internet connection failures or force majeure.
(2) If the availability of the platform is interrupted – whereby ZEMMAT will reduce maintenance and development times to the necessary minimum – ZEMMAT is not liable to the user for data loss or other resulting damage, unless caused by intent or gross negligence.
(3) ZEMMAT is liable without limitation for intent and gross negligence, but for slight negligence only in the event of a breach of essential contractual obligations. Liability for the breach of such an essential contractual obligation is limited to the damage typical for the contract that ZEMMAT had to expect at the time the contract was concluded, based on the circumstances known at that time.
(4) The above limitations and exclusions of liability do not apply to liability prescribed by law or to liability under a contractually assumed guarantee independent of fault.
(5) The above liability provisions also apply to ZEMMAT's vicarious agents and legal representatives.
(6) Insofar as the platform enables forwarding to databases, websites, services etc. of third parties, e.g. through links or hyperlinks, ZEMMAT is liable neither for the accessibility, existence or security of these databases or services, nor for their content. In particular, ZEMMAT is not liable for their lawfulness, accuracy, completeness, timeliness, etc.

§ 7 Data Security and Data Protection

(1) ZEMMAT's servers are secured in accordance with the state of the art, in particular by firewalls; however, the user is aware that there is a risk for all users that transmitted data may be intercepted during transmission. This applies not only to the exchange of information by email that leaves the system, but also to the integrated messaging system and to all other data transmissions. The confidentiality of data transmitted in the course of using the portal can therefore not be guaranteed.
(2) Protecting privacy is an important concern for ZEMMAT. Using the portal requires the storage and processing of personal data. ZEMMAT stores the user's registration data exclusively for the purpose of managing the contractual relationship until the user account is deleted. The user's personal data is not passed on to third parties. ZEMMAT undertakes to comply with the provisions of data protection law (GDPR, Austrian Data Protection Act DSG 2018 and Austrian Telecommunications Act TKG).

The user can find further information in the privacy policy.

§ 8 Reservation of Changes

(1) ZEMMAT reserves the right to change these terms of use at any time if this appears necessary, in particular in connection with the further development of the platform, corporate restructuring and/or changes of company name, and adaptation to current case law. In this case, ZEMMAT will send the user the new version with the changes highlighted in print in advance by email or make it available via the platform, and grant the user a period of four (4) weeks to agree to the amended version.
(2) If the period of four (4) weeks expires without the user objecting, the changes are deemed accepted. ZEMMAT will expressly inform the user in the notification of the period and of the significance of the period expiring without objection.
(3) If the user objects to the change of the terms of use, ZEMMAT is entitled to exclude the user from membership of ZEMMAT with a notice period of two (2) weeks, but not before the objection period of four (4) weeks has expired, and to delete the user's account.
(4) ZEMMAT may design, change, restrict, extend or discontinue its services at its own discretion and without notifying the user. ZEMMAT accepts no responsibility for any delay, deletion, incorrect transmission or storage failure in communication between users. Nor does ZEMMAT guarantee that the hardware and/or software used for the services will work without errors at all times, or that any errors in the hardware and/or software will be corrected.

§ 9 Termination of Membership

(1) The user can terminate their membership of ZEMMAT at any time on the platform. To do so, the user simply has to click the "Close account" button in the "Security" section of the "Settings" page of the platform. ZEMMAT will then block the user's access. The user can also terminate their membership without notice by sending a corresponding declaration to ZEMMAT by email. On request, ZEMMAT will then block the user's access.
(2) ZEMMAT is entitled to terminate a user's membership with two (2) weeks' notice to the end of the month.
(3) If there is good cause, ZEMMAT is entitled to terminate the membership extraordinarily without notice and consequently to block the user's access. Good cause exists in particular in the event of a breach of any of the obligations listed in § 4.
(4) After the membership has ended, ZEMMAT will block the user's access. In the event of termination of membership, ZEMMAT will delete the content created by the user, including their personal data, unless statutory retention obligations prevent this.

§ 10 Final Provisions

(1) The law of the Republic of Austria applies. The place of jurisdiction for all legal disputes is the court with subject-matter jurisdiction at ZEMMAT's registered office. ZEMMAT is also entitled to sue at the user's general place of jurisdiction. Mandatory provisions of the country in which the user has their habitual residence remain unaffected.
(2) Should individual provisions of this contract be invalid or contradict statutory regulations, the remainder of the contract shall not be affected. The contracting parties shall by mutual agreement replace the invalid provision with a legally valid provision that comes closest to the economic meaning and purpose of the invalid provision. The above provision applies accordingly in the event of gaps in the contract.

§ 11 Reporting Inadmissible Content

ZEMMAT asks its users to report inadmissible or objectionable content within the meaning of § 4 of these terms of use immediately to office@zemmat.at. Complaints about other users should also be sent to this email address.

Fussach, March 2018