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Terms & conditions

1. General information

These general terms of use regulate your rights and obligations when using the internet portal www.ohlala.com (the “portal") and the mobile Ohlala application (the “app") (portal and app together hereinafter the “Ohlala services") as customer. Your contractual partner is Spreefang GmbH (the “provider" or “Ohlala"), who operates the portal and the app. You can find detailed information about the provider in our legal notice.

 

The provider enables the establishment of contact between interested parties (the “interested parties", each individually an “interested party” or the “prospective dating partners”, each individually a “prospective dating partner") who make their profile on the portal or in the app accessible to dating partners in order to arrange paid dates. As a user of the Ohlala services, interested parties can view the profile of the prospective dating partners after creating an inquiry and then applying to the prospective dating partners and arrange a meeting with the prospective dating partner in a chat.

 

With the registration, a free contractual relationship is initially created between Ohlala on the one hand and the customer on the other hand, which is based on the provisions of these general terms of use. This contractual relationship serves to mediate the contact between interested parties through Ohlala. Ohlala does not become a party to contracts concluded between the customers.

 

The Ohlala services are aimed exclusively at people aged 18 and over who are fully legally competent.

 

2. Appointment for dates

These general terms of use apply to the contractual relationships between the provider and the customer in relation to the use of Ohlala services. Conflicting or deviating conditions of the customer are expressly contradicted. These are only recognized if the provider expressly agrees to their validity in writing. 

The provider reserves the right to change these general terms of use at any time due to changes in the legal situation or the supreme court rulings with effect for the future, insofar as these are changes that do not unreasonably disadvantage the customer. Changes will be announced to the customer by email at least two (2) weeks before they come into effect. The changes are considered approved if the customer does not object to the changes within six (6) weeks after notification by Ohlala by email to [email protected]

The provider will specifically inform the customer about the possibility of objection and the meaning of the deadline in his notification of the changes. If the customer exercises his right of objection in due time, Ohlala has the right to terminate the contract of use with the customer with effect from the point in time at which the changed terms of use are to take effect. The customer will also be informed of this separately.

 

3. Registration

The use of the Ohlala services requires a registration as a customer and the creation of a customer account (the “account"). There is no claim to admission. The provider is entitled to reject registrations without giving reasons. Registration as a customer is only permitted to persons who are of legal age and have unlimited legal capacity. Minors are expressly prohibited from registering.

By clicking on the “18-year" button, the customer insures and guarantees that they are of legal age.

Registration is free of charge. The contact details and other information requested during the registration process must be complete and correct (e.g. address, date of birth, email address, gender, etc.). The provider activates the requested access after successful registration. After successful registration, the customer is entitled to use the Ohlala services within the framework of these terms of use. During the registration process, the customer is asked to provide his phone number and a password. With this data he can log in to the portal after activating his access. It is the responsibility of the customer that his user name does not violate any third party rights, in particular no name or trademark rights and does not violate common decency. The access data including the password are to be kept secret by the customer and not to be made accessible to unauthorized third parties. It is also his responsibility to ensure that he can only access the Ohlala services with his access data. If there is reason to fear that unauthorized third parties may have or will have knowledge of his access data, the customer must inform the provider immediately.

 

The customer is liable for any use and / or other activity carried out in his account in accordance with the statutory provisions.

 

4. Profiles of the prospective dating partners on the portal and in the app / selection of profiles

Ohlala enables interested parties to contact prospective dating partners on the portal or in the app and to view their profiles with the information they contain (data, images, videos, etc.). In order to be shown profiles of prospective dating partners, the interested party must first create a non-binding inquiry (the “inquiry"), which Ohlala forwards to the available prospective dating partner in the surrounding area. If interested, the prospective dating partner will apply to the request (the “application"), thereby simultaneously activating their profile for the interested party. If the profiles are to be selected on the basis of the location, the customer must first consent to Ohlala being able to determine his personal location data by accessing the appropriate resources of his device or software and to transmit this to Ohlala. If this consent is not granted, he must make his selection via a manual entry, e.g. a zip code.

 

The information submitted as part of an application, including the profile information of the prospective dating partner, is made available to the interested party in his user database so that he can access this application at a later time (even after the application process has ended) to open a new and chargeable chat.

 

The profiles created on the portal or in the app are visible to all users.

 

Further information on the use of personal location data can be found in the data protection declaration. 

 

5. Appointment for dates

To create an inquiry for a date, the interested party provides information about the duration, start time and a budget, in order to then send a free inquiry to prospective dating partners registered with Ohlala as part of the inquiry process. Ohlala only transmits the request to the prospective dating partners after the interested party has clicked the “Send request" button.

The prospective dating partners can respond to the prospect’s request and contact them. If the function has been activated in their account, the interested party will receive an SMS after receiving an application from a prospective dating partner on the mobile phone number specified by them. Otherwise, the applications of the interested party can be viewed upon request in the portal or in the app.

Even if details of the date have already been discussed or agreed in the chat, the prospective dating partners are not obliged to provide certain details. The provision remains at the sole discretion of the prospective dating partner.

Ohlala offers users the opportunity to exchange ideas with applicants even after the application process. For this purpose, the data from the previous application process is made available to the user. The prospect can thus open a chargeable chat; afterwards this chat is kept open for 24 hours and the status is changed to “open application".

6. Free and paid services

After the customer has registered on the platform and created an account, he will immediately receive a corresponding email and SMS confirmation. Once the customer has registered and created his account, 25 coins will be credited free of charge, which he can use immediately.

In addition to free of charge services, Ohlala also offers customers various chargeable services. The payment of the chargeable services takes place via so-called “coins”, which the customer can purchase beforehand. The contractual basis for these chargeable services form these general terms of use. Before concluding a fee-based contractual relationship, the customer will be informed separately about the content of the fee-based service, the prices and the terms of payment for the purchase of the coins. By pressing the “Buy" button, the customer declares that he wants to conclude a contract for the services he has selected for a fee. The contractual relationship about this arises with the email confirmation of the order by Ohlala.

An overview of the chargeable services and the prices in coins can be found here and are listed in their current form under the heading “Buy Coins".

The provider is entitled to adjust prices a maximum of once per quarter to changing market conditions. In the event of price increases that significantly exceed the regular increase in living costs, the customer has the right to terminate the contract. In these cases, the provider will inform him of this in text form.

7. Warranty

Hereby Ohlala clarifies that the provider provides a intermediary service between the interested parties only and is not liable for activities that are carried out or take place outside of the Ohlala services provided. In particular, the provider is not responsible for (i) the establishment of agreed meetings between the prospective dating partner and the interested party, (ii) the actual provision of the prospective dating partner or (iii) a satisfactory date. From the time of acceptance or confirmation of a booking, only the dating partners and not the provider are responsible for realizing the date and communicating with the interested party.

 

8. Protection of content, responsibility for third party content

The content available in the Ohlala services is largely protected by copyright or other property rights and is the property of the provider, the customers or other third parties who have made the respective content available. The compilation of the content as such is possibly protected as a database or database work iSd. Section 4 (2), 87a (1) UrhG. The customer may only use this content in accordance with these terms of use and within the framework specified on the portal and in the app.

The content available on the portal and in the app partly comes from prospective dating partners and other third parties (the “Third Party Content”). The provider does not check the completeness, correctness and legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, correctness, legality and timeliness of the third-party content. This also applies to the quality of the third-party content and its suitability for a specific purpose and also to the extent that it is third-party content on linked external websites.

  1. Illegal use

Customers may only use the content available in the Ohlala services for the communication and the appointment of paid dates. Any other commercial use of the Ohlala services is prohibited, unless the provider has expressly permitted the customer to do so in writing beforehand. Unauthorized commercial use includes:

  • all offers and applications of paid content, services and / or products, both by the customer himself and by third parties;

  • all offers, applications and implementation of activities with a commercial background such as competitions, raffles, barter deals, advertisements or pyramid schemes;

  • any electronic or other collection of identity and / or contact details (including email addresses) from customers (e.g. for the unsolicited sending of emails).

Customers are prohibited from any activity on or in connection with the Ohlala service that violates applicable law, violates the rights of third parties or violates the principles of the protection of minors. Customers are also prohibited from taking any action that is likely to impair the smooth operation of the portal and / or the app, in particular to place excessive strain on the provider’s systems. The customer is particularly prohibited from the following:

  • Uploading and distributing pornographic, abusive, offensive, racist, threatening content that violates the Protection of Minors Act and personal rights or other illegal content;

  • Uploading and disseminating content that has been copied in whole or in part from other protected content without the consent of the respective author;

  • Uploading and distributing content that affects or violates the rights of third parties, in particular personal rights, copyrights or intellectual property rights and all other rights of third parties;

  • Use of the Ohlala services for advertising purposes;

  • Incorrect information or information from third parties;

  • Use of data and information from other users without their express consent;

  • Sale or other transfer of the account on the portal / in the app;

  • Attacking Ohlala services using viruses, malware or other harmful means;

  • Modification, manipulation, circumvention, overloading or disruption of the Ohlala services and their underlying software and security systems.

The provider reserves the right to refuse to upload content and to delete or remove content that, at the provider’s discretion, violates these conditions, the rights of third parties or applicable laws or appears unacceptable or inappropriate for other reasons.

If there is suspicion of illegal or punishable acts, the provider is entitled and, if necessary, also obliged to check the activities of the customer concerned and, if necessary, to take appropriate legal steps to prevent the illegal or punishable act. This may include submitting a matter to the public prosecutor.

If the customer becomes aware of an illegal, abusive, non-contractual or otherwise unauthorized use of the portal or the app, he is asked to send an email to [email protected] The provider will then check the process and take appropriate steps if necessary.

  1.  Prohibition of use

Minors are prohibited from registering and using the Ohlala services.

If there is a suspicion that a customer is a minor, this must be reported to the provider immediately, stating the profile concerned.

If there is reasonable suspicion, the provider reserves the right to request proof of the customer’s legal age from the customer. The provider is entitled to temporarily block the account until proof of legal age. If there is no unequivocal proof of legal age, the profile concerned will be deleted.

  1. Blocking access

The provider can temporarily or permanently block the customer’s access to the portal / app if there are specific indications that he is or has violated these general terms of use and / or applicable law or if the provider has another legitimate interest in the blocking of access. When deciding on a blockage, the provider will take due account of the legitimate interests of the customer concerned. In the event of temporary or permanent blocking, the provider blocks the access authorization and notifies the customer of this by email. In the event of a temporary blocking, the provider reactivates the access authorization after the blocking period has expired and notifies the customer of this by email. A permanently blocked access authorization cannot be restored. Permanently blocked customers are permanently excluded from using the Ohlala services and may not log in again on the portal or in the app.

  1.  Guarantee and responsibility of the customer

The customer is solely responsible for his account and the content he has posted on the Ohlala services. He ensures that he will use the Ohlala services in accordance with these conditions. In particular, the customer guarantees that he will not use the Ohlala services in any improper manner – as explained in section 9. The customer guarantees and ensures:

  • that all information, images, photographs, videos and all other content posted, transmitted or otherwise published on Ohlala do not violate any third party rights or applicable law;

  • that the content created and added by him does not contain any of the content specified in Section 9;

  • that he is the author of the customer content or owner of all intellectual property and industrial property rights thereon;

  • that he has not granted any exclusive rights of use and / or other rights to customer content to third parties.

Ohlala is unable to monitor and control customer content. Ohlala is not responsible and is not liable for the availability, accuracy, completeness, timeliness and legality of customer content.

  1. Indemnification

The customer releases the provider, its representatives, employees and vicarious agents from any damage (e.g. liability claims by third parties or costs for legal proceedings) that the provider may suffer due to actions or omissions in connection with (i) the behavior of the customer within the Ohlala services, (ii) the content of the customer or (iii) a violation of the warranties and responsibility of the customer in accordance with Section 12.

If such claims are to be enforced on the part of third parties, the customer provides the provider with all available information that is useful for checking the claim and a corresponding defense. The customer provides this information immediately, truthfully and completely.

The indemnification according to this paragraph 13 does not apply to claims by third parties that result from the provider’s failure to delete or block content immediately after gaining knowledge that they violate the rights of third parties.

  1.  Liability by the provider

The provider makes every effort to provide a permanent and powerful service in cooperation with its partners and data processing centers. Potential failures due to malfunctions or maintenance work must be expected; these do not constitute a defect in performance. The provider cannot guarantee that his website or software is free of viruses or other harmful components.

The Ohlala services are operational 24 hours a day, seven days a week with an availability of at least 99% on an annual average. This does not include downtimes due to maintenance and software updates, as well as times when the service cannot be reached via the Internet due to technical or other problems that are beyond the provider’s control (force majeure, third party fault, etc.). In order to be able to use the Ohlala services in full, the customer must use the latest (browser) technologies or enable their use on his computer (e.g. activation of Javascript, cookies, pop-ups). When using older or not commonly used technologies, the customer may only be able to use the services of the provider to a limited extent.

Ohlala’s liability for damage – regardless of the legal basis – is excluded; this disclaimer does not apply to

(i) damage from injury to life, limb or health that is based on an at least negligent breach of duty by Ohlala or a legal representative or vicarious agent of Ohlala;

(ii) Damages which are based on an at least negligent breach of duty by Ohlala or a legal representative or vicarious agent of Ohlala with regard to essential contractual rights and obligations which are essential for the proper execution of the contract if this jeopardizes the achievement of the contract purpose (cardinal obligations);

(iii) damage based on an intentional or grossly negligent breach of duty by Ohlala or a legal representative or vicarious agent of Ohlala;

(iv) liability under the Product Liability Act;

(v) acceptance of guarantee.

The limitation of the liability of the provider according to this paragraph 14 also applies to the personal liability of its representatives, employees, vicarious agents and authorized representatives.

  1.  Contract Term

This license agreement is concluded for an indefinite period of time and can be terminated by both parties with immediate effect at any time. The customer can cancel the contract by emailing [email protected]

  1.  Data protection

The use of the customer’s personal data by Ohlala is based on Ohlala’s data protection declaration.

  1.  Applicable law, jurisdiction agreement, severability clause

These general terms of use are subject to the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sales of Goods (CISG).

In relation to customers who are merchants within the meaning of §§ 1 ff. HGB, Berlin is the exclusive place of jurisdiction for all disputes arising from the usage contract for the Ohlala services.

In the event that the customer has no general place of jurisdiction in Germany, relocates his domicile or usual place of residence after the conclusion of the contract or Ohlala the domicile or usual place of residence of the customer is not known at the time of a lawsuit, Berlin is the exclusive place of jurisdiction for all from the Contract of use for disputes arising from Ohlala services.

If a provision of these general terms of use should be or become ineffective, the legal validity of the remaining provisions remains unaffected.

  1.  Cancellation policy

You have the right to cancel your contract with Ohlala within 14 days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. To exercise your right of withdrawal, please contact us via

Spreefang GmbH

Oberwallstraße 6

10117 Berlin

Germany

Phone:

+49 1590 4040567

E-mail:

[email protected]

to inform us of your decision to cancel the contract by means of a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that Ohlala services should start during the cancellation period, you have to pay us a reasonable amount in relation to the total scope of the services provided in the contract.

Cancellation Template

(If you want to cancel the contract, please fill out this form and send it back.)

To Spreefang GmbH, Rheinsberger Straße 73, 10115 Berlin, [email protected]:

Hereby I / we (*) revoke the contract concluded by me / us (*) for the purchase of the following services (*) / the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the customer (s)

Address of the customer (s)

Signature of the customer (s) (only for notification on paper)

date

(*) Delete where inapplicable.

As of January 2020

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