Terms & Conditions
- Private use (consumer) -
1. general information
1.1 JUGAD UG (haftungsbeschränkt), Ludwigstraße 12b, 04315 Leipzig, registered at Leipzig Local Court (HRB 43386), offers registered users and non-registered guests the opportunity to organise and carry out various own and third-party sporting events such as games and sports tournaments with its app ‘JUGAD’ in order to get together with other players. Further information on the app can be found at https://jugad.eu/impressum/.
1.2 These GTC are aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) who wish to use the ‘JUGAD’ app for private purposes.
1.3 The user has the option of viewing, printing and saving the GTC of JUGAD UG (haftungsbeschränkt) in a reproducible form upon registration and each time the company's own website is visited. The GTC valid at the time of registration can be saved and printed during the registration process.
1.4 JUGAD UG (haftungsbeschränkt) is authorised to amend its GTC with the consent of the user.
1.5 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless JUGAD UG (haftungsbeschränkt) has expressly agreed to their validity in writing.
2 Conclusion of contract for the use of the ‘JUGAD’ app
2.1 JUGAD UG (haftungsbeschränkt) will immediately confirm receipt of the user's registration application electronically. The confirmation of receipt does not constitute a legally binding acceptance of the registration application. However, JUGAD UG (haftungsbeschränkt) is authorised to combine the confirmation of receipt with the declaration of acceptance. The contract for the use of the information system is concluded with the declaration of acceptance of the registration application or by activating access. JUGAD UG (haftungsbeschränkt) may accept the registration application within three working days of receipt of the application.
2.2 By submitting the registration application, the user warrants that the data entered in the registration form is correct and complete and that the use of the services provided is for private purposes only. The user is obliged to inform JUGAD UG (haftungsbeschränkt) immediately of any changes or to update the profile settings. In the event of a breach of the above provisions, JUGAD UG (haftungsbeschränkt) shall be entitled to block access to the ‘JUGAD’ app and to terminate the user relationship and demand appropriate compensation.
3 User access (account), obligations of the user, participation as a guest
3.1 Access to the personal user account is password-protected using the user access data (account) assigned to the user.
3.2 The user is obliged to treat his user account data confidentially. The user is obliged to keep the account information secret and to prevent unauthorised use of this data by third parties
3.3 Participation in games created by users of the ‘JUGAD’ app is also possible for persons without an account as a so-called ‘guest’.
4. remuneration
4.1 The intended use of our ‘JUGAD’ app for exclusively private purposes by registered users does not incur any costs for the user. Participation as a guest is also free of charge.
4.2 JUGAD UG (haftungsbeschränkt) reserves the right to provide paid usage models in the future. Permanent free use of the ‘JUGAD’ app is not guaranteed.
4.3 Participation in the events offered is to be distinguished from the use of the app as such. The events offered as part of the app, such as tournaments and games, may be subject to a separate participation fee. Any participation fees must be paid to the responsible organiser. In this respect, JUGAD UG (haftungsbeschränkt) does not act as an organiser, but merely as an intermediary to connect users of the ‘JUGAD’ app. For this mediation, the organiser must pay a predetermined percentage commission to JUGAD UG (haftungsbeschränkt).
4.4 In the case of chargeable events within the meaning of section 4.3, the responsible organiser shall decide whether to pay the participation fee on site or to process payment via the app. Payment via the app is made via Stripe (Stripe Payments Europe Ltd. (SPEL)) by depositing one of the payment methods listed below:
- Credit card,
- PayPal,
- Apple Pay,
- Google Pay,
- Klarna or
- SEPA direct debit
The payment method stored will be debited with the respective participation fee on the respective due date.
5 Scope of services
With the establishment of the user relationship, users (consumers) are granted the opportunity to use the ‘JUGAD’ app to organise and carry out various own and third-party sports events such as matches and sports tournaments. Hobby footballers can find games and players in the ‘JUGAD’ app. Users can create games and specify the location and time, among other things, so that other users also have the opportunity to register for the respective event and play along. Users can view any football pitches on a map or add them themselves. The organisers can also use the ‘JUGAD’ app to set up such events with a participation fee and process the payments accordingly. In addition to the first name and profile picture (if available), the player profile created by a user also shows the events in which the respective user has participated. In this respect, values on a user's reliability, punctuality and cancellations are also publicly visible. In addition, users can chat directly with other users via a private chat or communicate with all participants and interested parties of the respective game in a separate chat of a game.
6. evaluation of reliability
6.1 Users agree that organisers of a game can indicate via the app whether the players have appeared on time. The reliability and punctuality of a user is then calculated on the basis of this information. In addition, a so-called ‘cancellation rate’ is automatically calculated from cancellations made at short notice in order to facilitate the planning of future games.
6.2 Organisers agree that a participant can rate the respective event via the app using a star system. According to this information, a star rating is calculated for the organiser in question. The purpose is to give interested players an impression of the quality of upcoming games.
7 Availability of the ‘JUGAD’ app
There is no claim to constant and uninterrupted availability of the app. JUGAD UG (haftungsbeschränkt) reserves the right to switch off or restrict the services in whole or in part, in particular for maintenance purposes.
8 Warranty
8.1 If a digital product is defective, the user, if he is a consumer, may demand supplementary performance in accordance with the statutory provisions, terminate the contract by declaration to JUGAD UG (haftungsbeschränkt) or demand compensation for damages or reimbursement of futile expenses.
8.2 Defects caused by external influences, operating errors or modifications, additions, installations or removals, repair attempts or other manipulations not carried out by JUGAD UG (haftungsbeschränkt) are generally excluded from the warranty. The replacement of used original equipment accessories (writing and printing elements, colour carriers, etc.) is not part of the warranty.
8.3 The statutory provisions shall apply to consumers with regard to warranty periods. JUGAD UG (haftungsbeschränkt) does not assume any guarantees in the legal sense, unless otherwise agreed.
9 Proper use, rights of use to content provided, blocking
9.1 The user undertakes to use the app exclusively for private purposes.
9.2 The user is responsible for ensuring that the content created or provided by him/her in the app does not infringe the rights of other persons and does not violate copyrights, other industrial property rights and applicable law - in particular youth protection regulations, criminal law regulations and administrative offences. This also applies to communication within the app.
9.3 The user assures that he/she is authorised to use all content created or made available by him/her via the ‘JUGAD’ app. This shall also apply in the case of the posting of content by third parties.
9.4 Irrespective of the copyright protectability of the content created or provided, the user agrees to the use of this content by JUGAD UG (haftungsbeschränkt) for marketing purposes, in particular as parts of screenshots and flyers.
9.5 The user is prohibited from taking measures that are likely to impair the operation of the app, in particular the circumvention of security measures, the spread of viruses or other malware, the creation of fake accounts and the wilful registration for events, although participation is not intended from the outset.
9.6 If JUGAD UG (haftungsbeschränkt) becomes aware of a violation of the above regulations by the user, it is authorised to block access. This shall also apply in the event of violations by (unauthorised) third parties and in the event that JUGAD UG (haftungsbeschränkt) has reasonable grounds to suspect that (unauthorised) third parties have gained access to the user's account.
10 Liability
10.1 JUGAD UG (haftungsbeschränkt) shall be liable for damages resulting from intentional or grossly negligent breaches of contract and for damages resulting from slightly negligent breaches of material contractual obligations. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely. In the event of slightly negligent breaches of material contractual obligations, the liability of JUGAD UG (haftungsbeschränkt) shall be limited to the damage typically foreseeable at the time of conclusion of the contract.
10.2 The statutory liability of JUGAD UG (haftungsbeschränkt) for damages resulting from injury to life, body or health or a guarantee and under the Product Liability Act shall remain unaffected.
10.3 The above limitations of liability shall also apply in the event of breaches of duty by the legal representatives or vicarious agents of JUGAD UG (haftungsbeschränkt).
10.4 JUGAD UG (haftungsbeschränkt) reserves the right to object to contributory negligence on the part of the user.
10.5 Furthermore, JUGAD UG (haftungsbeschränkt) assumes no liability for the accuracy of user-generated content, in particular regarding venues, times and other information about an event.
10.6 As a mere intermediary between organisers and users, JUGAD UG (haftungsbeschränkt) is not liable for the implementation of an event and the events associated with such an event. Only the organiser registered in the ‘JUGAD’ app is liable as the person responsible for the implementation and the associated claims of the participants.
11 Cancellation
11.1 The user relationship can be terminated by either party at any time in text form with a notice period of 14 days. In the event of cancellation, the right to use the user account shall expire.
11.2 The user also has the option of cancelling the user relationship immediately by deleting their own account in the profile settings.
11.3 If registered users violate the terms of use, JUGAD UG (haftungsbeschränkt) may block the user concerned without prejudice to further rights and terminate the user relationship for good cause.
12. right of cancellation for consumers
Consumers within the meaning of Section 13 of the German Civil Code (BGB) have a right of cancellation via the profile settings, irrespective of the possibility of cancelling and deleting the account at any time, about which JU-GAD UG (haftungsbeschränkt) provides information below. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
Cancellation policy
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must contact us at
JUGAD UG (limited liability)
Ludwigstraße 12b
04315 Leipzig
Phone: +49 341 - 14 99 05 35
E-mail: support@jugad.app
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
Sample withdrawal form
If you wish to withdraw from the contract, you can use this form. Please complete this form and send it to us. Please enter your details legibly in block letters so that they can be clearly assigned and processed quickly.
To
JUGAD UG (limited liability)
Ludwigstraße 12b
04315 Leipzig
E-mail: support@jugad.app
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
E-mail address
Signature of the consumer(s) (only in the case of notification on paper):
Date:
(*) Delete as appropriate.
13. data protection
13.1 JUGAD UG (haftungsbeschränkt) processes personal data exclusively in accordance with the applicable data protection law.
13.2 Detailed information on data protection can be found in our privacy policy.
14. information on the EU dispute resolution platform (OS platform) and the Consumer Dispute Resolution Act (VSBG)
14.1 The platform for out-of-court online dispute resolution (so-called ODR platform) of the EU Commission can be found at http://ec.europa.eu/consumers/odr/
14.2 JUGAD UG (haftungsbeschränkt) is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15. final provisions
15.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and German private international law.
15.2 Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the parties undertake to agree on a provision that comes closest to the economic purpose of the invalid provision.