Terms

Last updated: July 17, 2019

1. SCOPE

These Terms of Use are between persons who use the services of the WEWOGO rating platform (“evaluator” or “user”) and wewogo GmbH as the rating platform operator (“operator”). The purpose of the rating platform is for companies and their services to be rated by customers who have used the services of the company to be rated. These Terms of Use can be viewed on the WEWOGO rating platform prior to registration. The user accepts these Terms of Use upon registration or use of the services.

2. REGISTRATION AND CONDITIONS OF USE

2.1. Before using the rating platform, future users must register with WEWOGO (the rating platform provided by the operator) and create a user account.

2.2. The user must register using his real name, date of birth, email address and a user profile picture (basic data) or by using the Facebook application and assigning a password to his user account. To register via Facebook, the user must allow the operator to access basic profile data (name, profile picture, date of birth etc.) and the email address.

2.3. The minimum age for registering and using the platform is 18.

2.4. The user is obliged to provide accurate and complete information when registering. The operator reserves the right to check the information for accuracy.

2.5. There is no right to registration. The operator is entitled to reject a registration without stating a reason. Multiple registrations are not permitted.

2.6. Registration and use of the platform is free of charge. The operator reserves the right to charge fees in the future. If this is the case, the operator will change the Terms of Use and inform the user by sending the amended Terms of Use to the email address provided at registration. There is no obligation to use the operator’s chargeable services.

3. RATING GUIDELINES

3.1. Reviews must reflect the opinions and experiences of the user with the company being rated and must not reflect the experiences of third parties.

3.2. The user may only rate company services that he has actually used. Users undertake to provide only accurate information. Factual claims must be verifiable in the event of doubt.

3.3. Paying for reviews to be written is not permitted. Furthermore, the user is not permitted to write reviews or have reviews written for a fee or for other remuneration.

3.4. The user may not make defamatory, insulting, derogatory, disparaging or otherwise unlawful assessments.

3.5. Naming other persons in a review or describing them in a clearly identifiable form is expressly prohibited.

3.6. Rating one's own performance or that of a competitor as an owner, proprietor or company employee is not permitted. The same applies to users who have close links to the company to be rated or to a competitor; this especially applies to users who are family members of the above-mentioned persons.

3.7. The user is not permitted to write multiple reviews for the same company and the same service.

4. FREEDOM FROM RIGHTS

4.1. The user guarantees that the contributions and reviews are free of third-party rights and in particular are not restricted or limited by copyrights, personal rights, brand rights or other name rights. If the user does not hold the rights to content posted by him, he must ensure that the owner has granted the necessary rights to use the content.

4.2. Photos and images may only be published if they do not lead to the identification of individuals or if these individuals have expressly consented to the inclusion and use of the photos or images for the purposes of the WEWOGO platform.

4.3. The user shall indemnify and hold harmless the operator against any third-party claims in this respect. This also applies to any costs incurred by the operator for legal representation.

5. ASSIGNMENT OF RIGHTS

5.1. The user assigns to the platform operator wewogo GmbH free of charge and irrevocably the right to use posted content in any form or media (e.g. print, internet, television, mobile telecommunication platforms) without any restrictions on product, time or location.

5.2. The right of use in any case includes exploitation rights in accordance with §§ 14 UrhG (Copyright Act), in particular editing rights, the right to public reproduction, the right of public accessibility, the right to broadcast and the right of reproduction by video and audio recordings as well as the right to publish content. In particular, the user agrees to assign these rights of use to third parties.

6. LIABILITY

6.1. The user is responsible for his contributions and is liable for the contents of his contributions and reviews.

6.2. The operator shall not be liable for content posted by the user on the WEWOGO rating platform, nor for any resulting damages.

6.3. Any liability of the operator for indirect damages, loss of profit, omitted savings, consequential and financial losses, loss of data as well as damage from claims of third parties is excluded.

6.4. If a user violates these conditions or if there is reasonable suspicion that third parties have been adversely affected by the rating, or that it violates applicable law, is a false rating, self-assessment or multiple rating, the operator shall be entitled to supplement, change or remove content without informing the user and without giving any reason.

6.5. The operator shall be liable for damages caused in connection with this contract only in the event that these damages were caused by gross negligence or intent.

6.6. Irrespective of any civil or criminal consequences, the user shall hold the operator harmless from any damages or third-party claims resulting from violation of the user's obligations, in particular from violation of the rating guidelines (3.) or of legal provisions.

7. PRIVACY

The privacy policy is contained in a separate privacy statement which is referred to here.

8. APPLICABLE LAW AND PLACE OF JURISDICTION

8.1. These Terms of Use are exclusively governed by Austrian law and exclude any conflict-of-law rules.

8.2. Should a dispute arise from this legal relationship between the user and the operator, it shall be settled by the court responsible for the operator’s head office, Steingasse 22, 4055 Pucking, Austria.