1. Preamble

The Voting4Victory, MMag. Piotr Waclaw Stolarzewicz, located at A-3001 Mauerbach, Auf der Sulz 78, (hereinafter referred to as “V4V”), provides a credible and effective method of conducting digital surveys and polls (hereinafter referred to as “APP”). V4V offers the APP to both private users and users who wish to use the APP for business purposes (hereinafter referred to as “USERS”).

For reasons of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.

2. Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply if the USER wishes to place a chargeable “sponsored question” via the APP.

In addition to these GTC, the USER declares to have read and to comply with the general TERMS OF USE too.

These GTC may be permanently stored on the USER’s computer and/or printed out by the USER for the purpose of online ordering.

3. Conditions of use

The USER is obliged to provide truthful, comprehensive and correct information within the framework of the business relationship and to always keep his specific information up to date. The USER shall treat all data confidentially (this applies in particular to log-in data and passwords). If the USER suspects misuse of the APP by third parties, he must inform V4V of this immediately.

The USER must refrain from all actions that could endanger or impair the technical functionality of the APP (including cyber attacks). Such behaviour will be prosecuted under criminal law.

The USER shall take suitable precautions to protect the APP from unauthorised access by third parties.

The USER is responsible for setting up the necessary infrastructure to ensure the intended operation of the APP. V4V is not obliged to provide further information or recommendations in this regard.

4. Offer and conclusion of contract

After entering the required data in the web mask provided for this purpose, the USER places an order with V4V by clicking the checkbox “I order a chargeable question“. The USER then immediately receives an “order confirmation”. This order confirmation does not yet establish a contractual relationship.

Before finally sending an order, the USER has the opportunity to check it again for any errors and to correct it if necessary.

After receipt of the question, V4V will check the question for compliance with the V4V terms of use and the applicable law. V4V reserves the right to refuse to publish the question. This evaluation may take up to two working days.

The contractual relationship is only concluded as soon as the publication of the question is confirmed in an order confirmation or the question is published.

5. Payment modalities

The amount of the fee results in each case from the offer of V4V. The prices quoted are in EUR. In case of doubt, value added tax is not yet included. The amounts stated at the time of ordering shall apply in each case.

The remuneration shall be paid in advance.

V4V reserves the right to check the sponsored question. If this is refused, the fee paid will be refunded.

6. Rights to use

V4V grants the USER the non-exclusive work use authorisation, limited in terms of time, content and location, to use the APP for the purpose of conducting a sponsored question. The exclusive right of use for the use and exploitation of the APP remains with V4V in all cases.

The USER is permitted to use the APP exclusively for the purposes intended by V4V.

Sub-licensing or further licensing is only permitted with the express consent of V4V. Resale of the APP also requires the express consent of V4V.

The right to decompile the APP is excluded.

Markings of the APP, in particular copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognisable.

7. Maintenance and support

Unless expressly agreed otherwise, no maintenance or support services are owed to the USER.

8. Audit-Clause

V4V is entitled to check the licence-compliant use of the APP. Irrespective of this, V4V may demand proof from the USER that the APP is being used in accordance with the granted purposes. All enquiries in connection with the use of the APP must be answered correctly and truthfully.

V4V is entitled to check the intended use of the APP by the USER at any time after a period of at least 14 days and on site (licence audit). V4V may use the assistance of an auditor or lawyer bound to secrecy for this purpose. V4V shall respect business and trade secrets as well as data protection interests of the USER as far as possible. The licence audit shall be carried out during normal business hours while safeguarding the USER’s business activities. The costs incurred in this connection shall be borne by each party. The USER is obliged to provide V4V with the information required for these purposes and to cooperate with V4V within the scope of the licence audit. Otherwise, V4V is entitled to refuse its services without prejudice to further legal claims.

9. Change requests

The USER has the right to suggest changes to the APP. V4V is not obliged to comply with these change requests.

10. Liability and warranty

The liability of V4V for damage caused by slight negligence is excluded. Liability is limited to the amount of the order sum.

Liability of V4V for loss of profit is excluded.

This limitation of liability does not apply with regard to personal injury or for damage under the Austrian Product Liability Act if the USER is a consumer.

V4V accepts no liability whatsoever for the placement and results of the USER’s questions. The USER alone is responsible in this respect.

11. Indemnification

Should a claim be made against V4V by a third party due to the unlawful use of the APP by the USER, the USER undertakes to indemnify and hold V4V harmless.

12. Engagement of subcontractors

V4V may use subcontractors for the performance of its obligations under this contract.

13. Amendments of this GTC

V4V is entitled to amend these GTC at any time. V4V shall inform the USER of such changes by sending the amended GTC to the last contact details provided by the USER. The USER has the right to object to the changes. If the USER does not object within 14 days of being notified of the changes, tacit consent to the amended GTC shall be assumed.

Such a one-sided amendment of the GTC cannot cause a deterioration of the situation of the USER, provided that the USER is a consumer.

14. Data protection and protection of business and trade secrets

The transfer of data and information to a specific business partner is only permitted to the extent that this is necessary for the fulfilment of the contractual obligations and for the protection of legitimate interests (pursuant Art. 6 (1) lit b and lit f GDPR). In addition, V4V and the USER mutually undertake to maintain secrecy about the information and data of which they become aware within the scope of the present business relationship and both parties are in particular obliged to maintain data secrecy.

V4V points out that the USER’s data may be processed for advertising purposes on the basis of legitimate interests (Art 6 Para 1 lit f GDPR). The USER can object to this form of data processing at any time (Art 21 (2) GDPR).

15. Denial of access to the APP

If V4V has reasonable grounds to suspect that the USER is using the APP in an illegal or inappropriate manner, V4V is entitled to block access to the APP immediately and without prior notice. The possibility of further legal steps remains unaffected by such a blocking.

16. Reference clause

V4V shall be entitled to indicate the fact of the business relationship with the USER by means of a reference on its homepage or in business documents. V4V is entitled to use the USER’s logo in this context. This right to name references also extends beyond the contractual relationship.

17. Applicable law and legislation

The contractual relationship is subject to Austrian law and Austrian law is agreed. However, if the USER is a private customer this choice of law may not result in the USER being deprived of the protection granted to him by the mandatory provisions of his country of residence (Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) as well as of reference norms is excluded.

The exclusive place of jurisdiction shall be the competent court in Vienna. If the USER is a private customer and has his domicile or habitual residence in Austria or is employed in Austria, the USER may only be sued before the courts in whose district his domicile, habitual residence or place of employment is located.

The place of performance is the registered office of V4V.

Reference is made to the possibility of dispute resolution via an online dispute resolution platform (Art 14 para 1 p 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) and national consumer arbitration boards. V4V is not willing to participate in a dispute resolution procedure before a consumer arbitration board.

18. Right of withdrawal pursuant Austrian Distance Selling Act (“FAGG”)

This right of withdrawal only applies to consumers.

The right of withdrawal does not apply if the delivery of non-physical digital content is made (i) with the express consent of the USER, combined with (ii) the USER’s knowledge of the loss of the right of withdrawal in the event of premature fulfilment of the contract and (iii) after the provision of a contract copy or contract confirmation.

The USER has the right to withdraw from a contract that has already been concluded within fourteen days without giving reasons if the contract was concluded electronically. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise the right of withdrawal, the USER must inform V4V of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the USER can use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the V4V website.

A declaration of withdrawal must be sent to the following address:

Voting4Victory
MMag. Piotr Waclaw Stolarzewicz
Auf der Sulz 78
A-3001 Mauerbach
office@voting4victory.com
+43 6991 266 85 36

In order to comply with the cancellation period, it is sufficient for the USER to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. If this option is used, a confirmation of receipt of such revocation will be sent to the USER. If the USER revokes the contractual declaration or a contract that has already been concluded, the V4V must repay all payments that it has already received from the USER without delay and at the latest within fourteen days of the day on which the notification of the revocation of this contract was received by the V4V. For the repayment, V4V shall use the same means of payment that the USER used for the original transaction.

If the USER has requested that the service should begin during the revocation period, the USER shall pay V4V a reasonable amount corresponding to the proportion of the services already provided up to the time the USER notifies V4V of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided for in the contract. It is pointed out that the majority of the service will be provided by V4V immediately after the conclusion of the contract.

19. Further issues

Should individual provisions of these GTC be inapplicable or invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes closest to the intention of both contracting parties as expressed in the current GTC.

Supplements to these GTC as well as extensions and amendments to these GTC are only valid if they are agreed and signed in writing.

V4V recommends the USER to keep these GTC permanently.

20. Additional information

The Voting4Victory application is an independent application whose purpose is to connect the community and get an answer to the users’ questions.
The Voting4Victory app is not affiliated with any country or government.