Terms and Conditions
- General about the terms and coditions
- The following General Business Agreements of TOBALIE GmbH define the terms and conditions for the use of the online portal www.tobalie.at, www.tobalie.com including all subdomains, hereinafter referred to as “TOBALIE”, operated by TOBALIE GmbH with its registered office in 1010 Vienna, Austria. The use of TOBALIE is only permitted on the basis of these General Business Agreements.
- These general terms and conditions apply to . . .
- 2.1 All users of TOBALIE are bound by these General Terms and Conditions without exception. By clicking on the corresponding button on the user interface or by using the services of the TOBALIE Portal, the user accepts the General Terms and Conditions. In any case, the user accepts the validity of the GTC by using the offered services. By accepting the applicable GTC, a legally binding agreement, hereinafter referred to as the User Agreement, is concluded between the User and the Operator with regard to the use of the services offered on the TOBALIE platform.
- If the visitor to the TOBALIE platform does not agree with the applicable GTC, he/she is not entitled to use the services offered and is requested to leave the TOBALIE website.
- These General Terms and Conditions shall also apply if the TOBALIE platform is accessed and used in whole or in part by other websites. Even if the use or the access takes place from a country which is not Austria. The use and utilisation of the services of the TOBALIE Portal is excluded and prohibited if the use of the services offered is not permitted and prohibited according to the provisions of the respective valid legal form to which the visitor to the TOBALIE Platform is subject.
- By registering the user on the TOBALIE platform, the user is subject to an additional agreement on contractual terms and conditions, which are also stated and explained in these General Terms and Conditions. These are assigned to the item “Membership”.
- For network partners of the TOBALIE Portal who are in cooperation with TOBALIE or who are advertised in the TOBALIE Portal by means of an advertisement in the Pet-Map, the General Terms and Conditions which were agreed upon at the conclusion of the contract shall apply in addition to these General Terms and Conditions.
- Which possibilities TOBALIE offers and does not offer
- TOBALIE offers a free and independent information portal developed for every existing and future pet owner. The user is provided with information regarding the species-appropriate and non-violent keeping of pets and the conflict-free handling of animals. Furthermore service providers from the pet industry are mediated, which can be contacted personally in order to obtain information or to take achievements up.
- Users have the opportunity to register and register as a member of TOBALIE.
- Users who have registered in the TOBALIE portal have the opportunity to receive non-binding recommendations on which pet might suit the user’s personality and circumstances by disclosing personal information on the respective circumstances. In addition, registered users can create a profile for each desired pet, where documents and data on the respective animal can be stored and managed. It is not permitted to register non-existent animals, pets or humans with TOBALIE. TOBALIE is entitled to block and/or delete invented profiles or profiles which do not correspond to the original use, namely the species-appropriate and non-violent keeping of pets, without comment and without giving reasons of any kind.
- Registered users are able to evaluate the performance of experts and service providers advertised on the pet map and give constructive feedback in the form of comments in the TOBALIE online portal. It is not permitted to leave insulting and unobjective comments, as well as personal comments that do not correspond to the purpose of the matter. Inappropriate messages such as these will be deleted without comment or, if necessary, displayed. The block of the respective user can also result as a result.
- Experts and service providers who are entered in the TOBALIE portal within the framework of the pet map have the opportunity to present themselves there for a fee with pictures and words and to describe their fields of activity, as well as to make use of additional services for a fee.
- Services and information offered on the TOBALIE Portal are intended exclusively for the collection of information and are no substitute for the certified, professional and necessary advice and treatment provided by trained experts, animal health service providers and veterinarians. TOBALIE is also not an emergency search service, in any form whatsoever, as the availability of the entire online service of the TOBALIE portal is not guaranteed.
- Use of the services of TOBALIE
- With the exception of the network partners mentioned in point 3.5, the use of the TOBALIE portal and its services is exclusively permitted for private use. For commercial use in companies, a separate company signed permission must be granted by TOBALIE GmbH.
- Absolutely any use of the TOBALIE Portal beyond private use is prohibited and inadmissible. Especially the commercial use and the evaluation of data and information which are automatically generated by TOBALIE and or individually created and or made available as well as the use of queries of any kind, registrations, login areas and/or postings on all social media channels operated by TOBALIE, in any form whatsoever, is not permitted. TOBALIE as operator is entitled to exclude visitors, users and registered members who do not use the TOBALIE portal exclusively for private purposes from using the services offered in the TOBALIE portal at any time and without giving reasons. If commercial use of the TOBALIE Portal or the use of content or data offered by third parties via the TOBALIE Portal takes place, the Operator shall be entitled to injunctive relief and claims for damages.
- For the commercial use of the TOBALIE platform, a separate written agreement signed by the company must be concluded exclusively and without exception.
- All contents of the TOBALIE portal (pictures, texts, evaluations, comments, designs, general terms and conditions, layouts, data, links, maps, contacts, contact data, logos) may not be used, passed on, reproduced, shared or used in any other way without the prior written consent of the operator TOBALIE, unless explicitly stated otherwise in the press area.
- Members of TOBALIE
- In order to create and use a TOBALIE membership, the following criteria must be met by the user:
– The user must use his real name, which he also uses in daily life.
– If the user provides TOBALIE with data, it must be correct without exception.
– The user name of the user may not include the name “TOBALIE” as a component or contain confusingly similar names.
– The user must keep his data up to date at all times during his membership with TOBALIE.
– The user may only use a user profile which is his own. A profile may also be created for each pet, which relates to the respective pet.
– The user profile of a user may only be used by the user who created the profile. The user data may not be passed on under any circumstances without the consent of TOBALIE.
– The user is obliged to properly store his user data and may not pass them on.
– In order to be a member of TOBALIE, the minimum age of the user must be 13 years.
– Users who have already violated the User Agreement or General Terms and Conditions in the past and have been deactivated by TOBALIE are not entitled to create a new profile in the TOBALIE Portal or to become a member without written consent.
– According to applicable law, the user is not entitled to receive the services and offers of TOBALIE.
– In the event of loss of the password, its disclosure to third parties or suspicion of unauthorized use of the user profile, the user is obligated to immediately notify the operator via the contact form under the menu item “Contact”. All changes on TOBALIE up to the notification are assigned to the member/user of the profile and are responsible.
– TOBALIE as operator reserves the right to transfer its rights and obligations towards the member and user partially or completely to third parties.
– The user or member has the right to terminate his membership at any time. This requires a written cancellation via the contact form under the menu item “Contact”, whereby the complete user data must be provided.
– With the cancellation of premium functions, the repayment of already paid services is excluded.
- In order to create and use a TOBALIE membership, the following criteria must be met by the user:
- Setting data
- The data and pages posted by TOBALIE may not contain any insulting, defamatory, mocking, harmful to minors or otherwise illegal or questionable content or data (in particular, no content in connection with any kind of pornography, threat of violence or glorification of violence as well as religious or political extremism as well as content that points to an inappropriate and non-violent treatment or handling of animals) in any form whatsoever.
- Any form of advertising on TOBALIE, which has not been agreed with the operator in advance in a written permission, is not permitted. This prohibition includes publications, as well as the accessibility of email addresses, telephone numbers, links to websites of third parties, logos, company names, product names, contents with a commercial background. Unauthorized advertising will be charged to the person in charge who has placed the content on TOBALIE, including a penalty.
- The evaluation and commenting against payment or any other kind of consideration is inadmissible.
- Members and users may only publish their own opinions, not the opinions or statements of third parties. Rumors, speculations or alleged statements of third parties may not be spread and published.
- Experience reports, recommendations and any kind of data must correspond to the facts and be factually formulated.
- Users and members may only write recommendations and experience reports for those whose services they have made use of.
- Users and members who appear on TOBALIE as network partners are not allowed to rate their own services and may not give ratings or recommendations to anyone without actually consuming the services offered.
- Rights of third parties, such as trademark rights, copyrights, patent rights or personal rights must be protected by the member or user and must not be violated by the posting of data.
- Users and Members undertake not to post or plan any harmful data, viruses, spyware, Trojan horses or similar or to take any actions or automatisms against TOBALIE and/or the Operator which could result in damage to the Operator of TOBALIE in any form whatsoever.
- The users and members are obliged only to provide truthful information and only to publish or disclose personal data to TOBALIE with the express consent of the person concerned.
- Quality assurance
- In order to ensure the quality of TOBALIE at all times, members, users, network partners, product partners and partners of any kind agree to keep their data up to date. If the data cannot be changed by the user himself, the operator must be informed immediately via the contact form on TOBALIE under the menu item Contact. This applies in particular to addresses, names, telephone numbers, e-mail addresses, opening hours, etc.
- In order to maintain the quality of TOBALIE, users and members are called upon to immediately report any suspicious content that does not comply with the General Terms and Conditions and user agreements and does not comply with the non-violent and species-appropriate keeping of animals via the contact form under the menu item “Contact”.
- Incoming reports to the operator will be processed as soon as possible and according to the available resources. If it turns out that the data entered does not comply with the GTC, the rights of use or the applicable legal provisions or a species-appropriate and non-violent husbandry of animals, TOBALIE is at the discretion of the operator, without prejudice to other rights, to change, remove or, if necessary, display inadmissible data without further notification.
- Users/members who do not behave in accordance with TOBALIE’s GTC, in particular in the case of deliberate false reports and misuse of the quality assurance system, or who disregard statutory provisions, may be sanctioned by the operator. Without prejudice to other rights of the operator, the sanctions can range from a warning to a temporary blocking of the member profile to a final blocking of the member profile as well as access to a specific IP address. This is accompanied by the possibility of deleting all content and profiles associated with these users/members from TOBALIE without further notification and without any claim to recovery. The type and scope of the respective sanctions are at the discretion of the operator.
- The Operator reserves the right to take legal action in the event of deliberate false reports and misuse of the quality assurance system.
- TOBALIE has the right, but not the obligation, to check the data provided by users and members, in particular whether they comply with the GTC and the relevant statutory provisions. In any case, the operator is entitled to delete or change data without stating reasons and without further notification (e.g. to anonymise or comment).
- Data protection
- TOBALIE as an operator is a very important issue of data protection. For this reason, all data provided will of course be treated in accordance with the relevant provisions of Austrian and European data protection law and in accordance with the TOBALIE data protection declaration.
- Exclusion of warranty, limitation of liability and indemnification and indemnification
- The Operator reserves the right, but assumes no obligation, to review, check, mark, filter, store, modify, reject or remove all data to be posted or already posted in advance and subsequently.
- Data entered by users/members, in particular evaluations and recommendations as well as experience reports, reflect their personal opinion for which these users/members bear sole responsibility. The user/member holds the operator harmless and harmless for any claims made by third parties on the basis of the content posted by them, unless excluded anyway.
- The use of the content for decision making for a suitable health service provider and the derivation of an overall impression is the responsibility of the individual user and is at his own risk. The operator assumes no liability for the use of the contents posted by its users and members, and is also not liable for material or immaterial damage resulting from their use.
- The operator does not guarantee that:
– The use of the services can be uninterrupted, timely, secure and error-free (no availability promise).
– The use of the services can be uninterrupted, timely, secure and error-free (no availability promise)
– The use of the services corresponds to the requirements of the users/members or the data offered is correct and complete.
- The operator is only liable for his own content and is limited to intent and gross negligence. In any case, liability of the operator for losses or damages incurred by users/members due to the following circumstances is excluded:
– From confidence on correctness and completeness of the offered data.
– Due to changes in the services offered.
– Due to the deletion, destruction or non-storage of data stored through the use of the services.
– Failure of the user/member to provide accurate personal information.
– Failure by the user/member to ensure the security and confidentiality of the password.
- The TOBALIE Portal also contains links to data sources of third parties and external websites of third parties, the content of which the Operator has no or only limited influence on and therefore cannot guarantee. The operator therefore dissociates itself from the content offered by third parties. The respective provider is responsible for the correctness and completeness of the content of the linked sources and pages as well as their availability.
- Since there is a risk of data loss during data transmissions on the Internet, the operator does not assume any liability for the data transmissions of its users.
- Modification of the general terms and conditions and the services
- The operator reserves the right to make changes to the general terms and conditions unilaterally, as well as to shorten, expand or discontinue his offer of services without giving reasons.
- The general announcement of significant changes to the GTC is made via the email address provided by the member, and it is the responsibility of the user to make these announcements and to familiarize himself with the changes.
- By using the services offered by TOBALIE after updating the GTC, the User and the Member accept the new GTC.
- Appointment requests / appointment confirmations
- In the Pat-Map section you will find a list of experts and service providers. The private user has the possibility, if available, to make an appointment request to the expert in the displayed weekly timetable. TOBALIE only provides the communication channel for the exchange between provider and user and is under no circumstances involved or associated with the exchanged content. Under no circumstances is TOBALIE liable for services offered, nor for the quality of the services offered. Under no circumstances is TOBALIE liable for the billing process and/or the billing itself of services offered or already consumed. Any billing of services is the responsibility of the offering expert/service provider. TOBALIE is not involved in the service provision and cannot be held liable for it.
- Under no circumstances can TOBALIE be held liable for any compensation Claims.
- Final provisions
- Should a provision of these GTC be ineffective or unenforceable, the ineffective or unenforceable provision shall be replaced by the effective and enforceable provision that comes closest to the purpose of the original provision. The remaining part of the GTC remains unaffected and effective.
- All mutual rights and obligations as well as claims between the Operator and a User/Member derived from the use of or membership in TOBALIE shall be subject to Austrian law to the exclusion of the conflict of laws rules.
- The exclusive place of jurisdiction for all legal disputes arising between the Operator and a User/Member shall be the court responsible for commercial matters in Vienna, Innere Stadt. Notwithstanding this, § 14 KSchG applies to disputes with users or members who are consumers. In any case, the operator is entitled to sue the user or the member at his general place of jurisdiction.