Mindbrotherz OÜ Pudisoo küla, Männimäe 74626 Kuusalu vald Harju maakond Estonia
- hereinafter referred to as "provider" -
(1) For the business relationship between the provider and the user (definition see paragraph 3), the following terms and conditions apply exclusively. Deviating terms and conditions of the user are not recognised, unless the provider agrees to their validity in writing.
(2) For the purposes of these General Terms and Conditions, (i) a consumer is any person who concludes the contract for a purpose which can be attributed neither to their commercial nor their independent professional activity (§ 13 of the Civil Code - BGB) and ( ii) an "entrepreneur" is a person or a legal partnership which, upon conclusion of the contract, acts in the exercise of its commercial or independent professional activity (§ 14 Abs. 1 BGB).
(3) The provider operates a intermediary platform in the form of an app, on which users can subscribe for "tournament" poker games or poker games evenings (hereinafter referred to as "poker tournament"). The use of the platform for the users as such should be free of charge. Users can register for such poker tournaments (users are hereinafter referred to as "players") or offer such poker tournaments themselves (user is hereinafter referred to as "host").
(4) The contracts with the user are concluded in German.
(1) If you want to use our platform, you must first register. Registration takes place when you log in via our app for the first time. As part of the registration, a first and last name, a valid e-mail address, date of birth, gender, postal code and place of residence must be specified. A password and a user name must then be selected and a profile picture uploaded. Before submitting the registration, the user can change and view the data at any time. Registration is only possible if these terms and conditions are confirmed.
(2) Anyone wishing to become active not only as a player but as a host, must first provide further details in a questionnaire on his person and the available premises.
(3) Registration requires the completion of the 18th year of life.
(4) The registration data is stored in compliance with our data protection policy.
(1) The provider presents on its side only hosts, indicating the approximate address (for example, no listing of house numbers) as well as the appointment.
(2) It should be noted that poker is a game of chance. It is expressly prohibited that: a) a host request a start fee (ante) or payment for a bet b) Players make a bet c) The host offers a cash or non-cash prize.
(3) Information on the responsible gambling practices can be found here: click here. Furthermore, in the interests of all players and hosts, we have set up some rules of the game that both host and player must abide by and respect: see here
(1) The player can view a listing of the poker tournaments registered by hosts. In the interest of privacy and confidentiality, these tournaments will initially only display the postcode and approximate address. Other information provided by the host such as location photos will also be included.
(2) After selecting the desired poker tournament, the player can signal a readiness to participate. The player must also first confirm that he will not pay/make any monetary or other contributions.
The Host will then receive a notification about the participation request and can accept within 3 days.
(3) If the host accepts the participation request of the player, the player will then receive the exact address of the venue.
(4) If the player finds out that the host is asking for a bet of any kind before or during the poker tournament, he will immediately notify the provider.
(1) During the registration process, the host is obliged to provide truthful information about himself and the intended venue.
(2) The content of his profile and the description of the poker tournament is the sole responsibility of the host. In particular, it must be ensured that the advertisement, including any image and video material, does not violate any legal provisions, such as copyright laws.
(3) Prior to the publication of a poker tournament, the host expressly confirms that they do not require a start fee or any other payment for a bet and that they do not award any cash or non-cash prizes. If the host finds out during the poker tournament that players are playing with stakes, he will exclude them from the poker tournament and report them to the provider.
(1) If the provider awards prizes on his side, these are not prize money that can be won directly at a poker tournament.
(2) A prize awarded by the provider is never dependent on performance in a single tournament. A score system is used to rank the players according to numerous factors, such as the number of games played, the individual score, and the number of players. Points are awarded only for poker tournaments in which at least 6 players participate.
(1) An evaluation function is integrated on the platform that can be used by both hosts and players. The rating will be published without name or e-mail address.
(2) The evaluator is solely responsible for the content of the submitted evaluation. Reviews must be truthful.
(3) The assessed party may request the provider to delete demonstrably incorrect evaluations.
(1) Players can interact with friendly players via chat and exchange messages.
(2) Players can also contact a host via chat for details about a poker tournament.
(1) It is expressly pointed out that the provider acts only as an intermediary.
(2) Claims of the user for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Significant contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(3) In the event of a breach of essential contractual obligations that was caused by simple negligence the provider is only liable for the contractually typical, foreseeable damage, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(4) The limitations of paragraphs 1 to 3 shall also apply in favour of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(1) Membership as a registered user is unlimited in time. The user can terminate the membership at any time with immediate effect, without stating reasons, by clicking on the corresponding request in our software / app or informing us of this request.
(2) The provider is also entitled without giving reasons to exclude a user from participation or to cease the service as a whole. In this respect, a notice period of 6 weeks is to be observed.
(3) The right to terminate the contract for a just cause remains unaffected for both parties. An important reason for the provider exists in particular should a violation of § 3 paragraph 2 be given.
(4) When concluding a transaction being offered at a distance, consumers have a statutory right of revocation, which the provider subsequently informs, in accordance with the statutory model. Paragraph (5) contains a sample withdrawal form.
You have the right to revoke this contract within fourteen days without reason. The revocation term amounts to fourteen (14) days from the completion of the contract. To exercise your right to revocation, you must inform us (Mindbrotherz OÜ, Pudisoo küla, Männimäe 74626 Kuusalu vald, Harju maakond, Estonia, phone: +49-172-7708943, firstname.lastname@example.org by means of an unambiguous statement (e.g., a letter dispatched by post, telefax or email) about your decision to revoke this contract. The sample revocation form provided may be used however is not prescribed.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
In the case of withdrawing from this Agreement, we have to repay all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(5) The provider informs about the sample withdrawal form according to the legal regulation as follows:
(If you want to withdraw the contract, please fill in this form and send it back.)
To: Mindbrotherz OÜ, Pudisoo küla, Männimäe, 74626 Kuusalu vald, Harju maakond, Estland,
I/we (*) hereby withdraw the contract with regards to the purchase of the following goods (*)/with the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only when notified on paper)
(*)Delete as appropriate.
(1) The law of the Federal Republic of Germany shall apply to all contracts between the supplier and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the residence of the provider.