Sec. 1 Subject-matter of Agreement, Scope, Amendment
Bowlingtracker GmbH, represented by its managing director Florian Engel, hereinafter referred to as “Bowlingtracker”, provides users with a web portal at www.bowlingtracker.de and/or an app under the name Bowlingtracker , which enable users to add and manage their bowling games and series. The web portal and the app are hereinafter referred to as the “Service”.
The following conditions govern the contractual relationship between Bowlingtracker and the respective user and shall apply exclusively. No terms and conditions of users which conflict with or deviate from these General Terms and Conditions (GTCs) will be incorporated into the parties’ agreement unless expressly agreed to in individual cases by Bowlingtracker.
These GTCs apply to consumers as well as to businesses. A Consumer, within the meaning of these GTCs, is any natural person using the Service for purposes which cannot predominantly be attributed to a commercial or independent professional activity. A Business, within the meaning of these GTCs, is a natural person, legal entity or partnership with legal capacity using the Service in the performance of a commercial or independent professional activity.
This Agreement is made exclusively in the German language. German law shall apply exclusively where the user is a merchant.
Sec. 2 Conclusion of Agreement, Receipt
The Agreement is concluded as follows:
The user fully and truthfully registers on the web portal and/or in the app.
The registration process continues with the user agreeing to the General Terms and Conditions of the Service and clicking on the “Register” button.
Once registration on the platform is complete, the user receives an e-mail with his user name and an activation link.
In order to complete registration, the user must access this activation link.
After registration, the General Terms and Conditions are sent to the user by e-mail. The user can also access them at any time via his user account.
There is no entitlement to enter into a user agreement. Bowlingtracker reserves the right to refuse the conclusion of a user agreement without having to give any reasons or to delete a user, in particular due to
incorrect information provided during registration,
doubts as to the legal existence of the user and/or
violations of the General Terms and Conditions.
The user undertakes to inform Bowlingtracker immediately of any changes to the data provided during registration.
Sec. 3 Services of Bowlingtracker
Bowlingtracker provides users with a service that enables them to add and manage their bowling games, series and balls. Users can also search for bowling lanes in the Bowlingtracker database.
To add a game, users must click the button provided for this purpose. To do this, users must input the game type, their score, the date and their handicap. The bowling lane played must also be selected from the Bowlingtracker database. In addition, users can create a note about their game and indicate the balls that were used.
Once a game has been added, it can be edited and/or deleted using the menu option “Manage games”.
The menu option “Create series” can be used to add several games to a series.
Series can be edited and/or removed using the menu item “Manage series” .
Players can add a ball using the menu item “New ball”. To do this, users must select the manufacturer of the ball. Users can also give the ball a name and indicate its weight in pounds (lbs), the number of games played with the ball and the number of owners. Players can also add a note to the ball. Once created, balls can be added when creating a game.
Balls can be edited and/or deleted using the menu item “Manage balls” .
Players have the option of viewing an analysis of the statistics from the games which have been added. This includes the number of games, the points scored, the best and worst games, and the averages by game type.
Sec. 4 Costs
As a general principle, use of the service is free of charge. Any services subject to a charge are handled by a separate offer.
Sec. 5 Duties of the user
The user may use the services of Bowlingtracker only for the purposes of this Agreement.
The user must store access data – in particular, his password – properly, keep them confidential and not pass them on to unauthorised third parties. The user must also ensure that his password is sufficiently secure.
The user must keep/store a local copy of the uploaded data, in order to prevent possible data loss. Bowlingtracker is not obliged to create backups.
Sec. 6 Term of Agreement, Termination
Users may terminate the user agreement at any time, without notice and without having to give any reasons, by deleting their user account.
Sec. 7 System availability
Bowlingtracker provides an annual average of 99% network availability.
Not included in this figure are periods of service and maintenance carried out by Bowlingtracker, which are announced in good time. Announcements are sent to the e-mail address provided by the user during registration.
Bowlingtracker is exempt from its obligation to provide the Service in cases of force majeure. Force majeure covers all unforeseen events and events whose effects on the performance of the Agreement do not fall under the responsibility of either party. Such events include, in particular, lawful industrial action, including that of third parties, and official measures.
Sec. 8 Warranty and liability
The user undertakes that he shall immediately report any defects or damage that could disrupt the operation or security of the Service, where the user is a Business. In doing so, the user shall take all measures that enable identification of the defects or damage and their causes, or that facilitate or expedite their resolution.
Whether a defect is present shall be determined according to applicable law. These state that a defect is present, in particular, if the application does not fulfil the functions specified in the service description or otherwise does not function properly, thus preventing or restricting the use of the application.
As a general principle, the provider is not liable for damage resulting from slight negligence.
The limitations of liability under the foregoing paragraphs 2,3 and 4 shall not apply to damages arising from injury to life, body or health, fraudulent concealment of defects, claims under the Product Liability Act, in case of intent or gross negligence, or breach of obligations whose fulfilment is essential for proper execution of the Agreement and upon which the customer may ordinarily rely.
The foregoing limitations of liability shall also apply to Bowlingtracker’s vicarious agents.
Sec. 9 Data security, Privacy
The user is aware that Bowlingtracker may access the data at any time for service and maintenance purposes, and he hereby gives his consent thereto.
Sec. 10 Final provisions
The customer may not reverse engineer, disassemble or decompile any software provided by Bowlingtracker, or have any third party do so, or perform any other action to reproduce or duplicate the services provided by Bowlingtracker. This applies, in particular, to any databases and contents of databases provided by Bowlingtracker.
Where the parties are registered traders, jurisdiction and venue for all disputes arising out of or in connection with this Agreement shall be vested in the courts of the city where Bowlingtracker has its registered office.
Should one or more provisions of these General Terms and Conditions be or become invalid, either in whole or in part, the validity of the remaining provisions shall not be affected thereby.