Terms and conditions of Funfix
FUN FIX sees itself as a platform for varied Design of leisure activities with people from the nearer environment easy, safe and fast.
§ 1 Scope
(1) These General Terms of Use (hereinafter: ANB) apply to the use of FUN FIX operated by happyfloat UG (limited liability) – represented by Marcel Schulze, Bahnhofstr. 34, 96450 Coburg, mobile: +491751619322, email: contact-funfix@happyfloat.com – (hereinafter FUN FIX or Platform called) and by users and partners.
(2) All between FUN FIX and users or partners with Agreements made in the purchase contract result from these GTC and those concluded separately between FUN FIX and partners contracts
§ 2 Definitions
The terms used in these TOS are defined as follows:
- Event: an activity posted by a partner or FUN FIX. je Depending on the event type, this can be designed purely as a suggestion (Participants organize themselves and assume responsibility) or these are organized by Partners or FUN FIX. In the event of of an organizer, he is liable according to his ANB's)
- Float: automatically created activity via matchmaking. (pure Suggestion, participants organize themselves and take over Responsibility)
- Activity: Umbrella term for floats and events.
- MatchMaking: The process of creating a float from Overlapping of interests (ideas proposed) and information the user (e.g. location, age, gender)
- Idea: The “what” of an activity. Operation.
- Idea suggestion: Idea available for the user to choose from can express their interest with a click
§ 2 Use of the platform
(1) The use of FUN FIX is optional as a so-called User or partner possible. For using the platform the registration via the web or the mobile application, which for the available on most popular mobile devices.
(2) Users and partners within the meaning of these GTC can be a natural or legal person.
(3) Users and partners undertake to use it of the platform to comply with the legal provisions. she commit themselves in particular inhumane or against the rights to refrain from making statements that are infringing on third parties. You commit in particular also to comply with copyright law and compliance industrial property rights of third parties.
(4) The use of FUN FIX is for users and partners with exception of paragraph 5 free of charge.
(5) The posting of events, suggestions for ideas, Venues, through partners is subject to certain requirements chargeable. Any costs incurred are based on a separate contract to be concluded. If a listing fee is charged, this is regulated with the partner in a separate contract.
§ 3 Communication of idea proposals and generated (matched) floats
(1) FUN FIX is a platform that automatically separates Suggestions for ideas between the participating users. the Suggestions for ideas are merely suggestions/ideas (e.g. grilling, billiards, hiking) for joint activities of the users and will be not organized or hosted by FUN FIX or its partners. organized. The implementation and organization of the events exclusively by users and/or partners independent of FUN FIX accomplished. FUN FIX therefore has no influence in particular on
- Correctness of specified meeting points
- Correctness of the idea description
- the actual feasibility or legal admissibility of a Events in themselves or at the designated location
- the personal suitability of the user to participate in the Event (e.g. physical health at sporting events Activities)
(2) If a place to carry out the idea is practical is unsuitable or the implementation violates legal regulations violates it is the responsibility of the float participants to find a suitable one themselves to choose an alternative location.
§ 4 Activities
(1) Depending on the activity, location, time and possibly further details (e.g. required equipment) by FUN FIX suggested (e.g. in the form: "Barbecue on ... in ..., required Equipment: food to be grilled, charcoal, grill"). Alternatively, FUN FIX or their partners Activities of a general nature without specific Specifications (e.g. in the form: "Meet in the beer garden").
The actual organization of the activities takes place exclusively and independently by users and/or partners. This also applies to the ideas/activities specified by FUN FIX Sentence 1. These are also only suggestions and are in the implementation independently by users and participants organise, design and implement.
(2) Users and partners can submit several ideas at the same time their interest by clicking on the respective idea express. Is the minimum number of potential participants in a Idea proposal reached and also vote if necessary other to be compared Information match = matching becomes one idea from the suggested idea concrete activity / float (what, where, who, when “sufficient” Are defined). Depending on the event, the following data is used for matching compared:
- Age
- Sex
- Location Profile
- Meeting places
- Friends
The system then automatically arranges all interested users in advance to the float, which then as (not yet confirmed) participants be valid. The float is now, up to the maximum participant limit, for everyone other potential participants visible and accessible. (see 2.2). Is there more interested than the maximum possible number of participants, will be another Float (with possibly deviating conditions (e.g. different meeting point) automatically generated.
(3) All from automatically generated floats (see 2.1) are accessible to other users up to the maximum number of participants. Users can join with just a few clicks on (or comparable) take part in it or even succeed (participation later than appointment start) . As it continues to be from the system FUN FIX takes care of automatically generated activities no role of organization or liability.
(4) User can, similar to a float, at an event take part.
(5) The minimum number of participants for a float is in the Usually for 4 (four) people, the maximum number of participants is in the Usually with 7 (seven) people.
(6) FUN FIX reserves depending on the nature of the suggested ideas (e.g. candlelight dinner or football game) that Increase or increase the minimum or maximum number of participants for a float to decrease. Permissible participant numbers of events depend on respective organizer (e.g. partner).
§ 5 Setting Events
Events can be placed on the platform by partners or FUN FIX will. Depending on the event (type), this can, like a float, be a be a pure activity proposal (participants organize themselves) or be an organized event/activity.
Depending on the type of contract between the partner and FUN FIX, the partner Post events with or without checking FUN FIX. registered Partners have the option independently and, if necessary, automatically to set (cyclic) events. The registered partner is responsible for this to observe the responsibility of correctness and property rights.
§ 6 Submission of idea suggestions
Suggestions for ideas come primarily from FUN FIX. here However, FUN FIX does not differentiate whether these are for age groups, religion, Can, etc. for the potential participant / user come into question or are acceptable. The user bears this responsibility alone the expression of his interest in the idea proposal itself (see § 4 – 2.1).
Suggestions for ideas can be submitted directly by users via the platform suggested or via other sales channels (e.g. Facebook) be submitted. These are checked by FUN FIX and, if necessary, in the platform adopted. FUN FIX does not guarantee acceptance of the idea proposal into the platform.
Suggested ideas may appear depending on the situation in the ad Order changed or temporarily/permanently off the platform be removed (e.g. due to changed situation such as time of year, Weather, time, popularity of the idea, reasons of FUN FIX or Partners...) Partners have the option (depending on a separate contract) Replace suggested ideas with your own ideas or add more inflict Event proposals can include images and geographic Location details are provided. In particular, § 5 paragraph 2 applies here notice.
§ 7 Setting meeting points
Users have the option of suggesting meeting points themselves (Geo coordinates/address, name, description. Upload picture, suitable assign idea suggestions). Depending on the partner contract, partners have the Possibility to create meeting points yourself FUN FIX reserves the right remove and/or modify individual meeting points.
§ 8 Contract language and contract text
(1) The full text of the contract is not replaced by FUN FIX saved. Users and partners have the option of accessing these GTC the FUN FIX website at https://funfix.de/agb and to print out.
(2) The contract language is German.
§ 9 Registration, Duration of Use and Deletion
(1) Users are registered via a anonymous device login. (firebase anonymous login)
(2) Registration is for an unlimited period. One Deletion of the account by partners and users is possible at any time a corresponding deletion instruction in the account is possible.
(3) FUN FIX reserves the right to delete or block a Accounts of the user or partner in the event of an unlawful use of the account by the user or partner.
(4) Users and partners undertake to diligently comply with the to handle registration data and not pass it on to third parties without authorization to pass on.
(5) FUN FIX does not guarantee in case of data loss for restoring user/partner data/profiles. FUN FIX can also operate in the course of a non-executable business model adjust completely. The data collected up to that point will remain in the Owned by FUN FIX.
§ 10 Liability
(1) FUN FIX is liable in all cases of contractual and non-contractual liability in the case of intent and gross negligence In accordance with the statutory provisions for damages or replacement futile expenses.
(2) Unless otherwise regulated in paragraph 3 - liable FUN FIX in other cases only in the event of a breach of a contractual obligation, the fulfillment of which is the proper execution of the contract at all only made possible and on the observance of which the customer regularly could trust (so-called cardinal duty), and limited to compensation for the foreseeable and typical damage. In all other cases, the liability of the seller is subject to Regulation in paragraph 3 excluded.
(3) Liability for damage resulting from injury to life, of the body or health and according to the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability untouched.
§ 11 Availability
FUN FIX is available to users and partners all day (24 hours/day) and 365 days a year, usually 98% ready over the year. Maintenance work is excluded from this. As far as possible, FUN Inform FIX about planned maintenance work in good time. such Maintenance work takes place in particular between 8:00 p.m and 5:00 a.m.
§ 12 Evaluation System
(1) Users can connect other users in an internal rate rating system. The rating flows into the search for the respective users with a and can a person for a common Exclude or prefer activity. The rating is for others User not visible.
(2) Users can also rate partners or meeting places. The rating of a meeting place is public for other users viewable.
§ 13 Rights of Use
(1) Users and partners grant FUN FIX to all posted content (in particular photos, texts and videos). which a simple and unlimited right of use. this applies to all content to which a right under the UrhG or a other intellectual property rights (in particular also trademark rights) exists. In particular, FUN FIX is entitled to posted content as part of matchmaking with other users to share and also for your own event creation (e.g. photos of places) to use.
(2) Users have the option of using a chat function to communicate with each other. The content of the chat will stored in a diary of the user. Text messages are included visible to all participants of a float. In addition, users have the possibility to make the diary public and the content also visible to other users.
(3) Users and partners ensure and confirm that You have the rights required to post the content on FUN FIX own and are entitled to sub-license.