CherryPubLLP – Grand Solitaire Tripeaks – Terms & Conditions
General Terms and Conditions of Grand Solitaire Tripeaks (GST)
Business For Using Grand Solitaire Tripeaks (GST)
We are looking forward to welcoming you as part of theGST community. The following General Terms and Conditions of Business set out the legal framework for usingGST and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.
2.1 Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, GST (hereinafter referred to as “us” or “we”). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name GST via our website, other GST websites or via our software applications (hereinafter referred to individually as “GST Service” or collectively as “GST Services” or in general “GST”). If you would like to have a mobile app to use the GST Services, please check our website to see if we have a mobile app for your end device and your end device’s operating system.
2.2 Terms and conditions for participating
A condition for opening a user account and using the GST Services is that you are at least 18 years of age and have full legal capacity. GST is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of GST for commercial purposes of any kind is expressly prohibited.
2.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual GST Services. We will, however, notify you of this in good time prior to use.
- GST SERVICES AND PRICES
3.1 Services free of charge or for a fee
There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service (« Coins ») or virtual in-game items or collections (together with the Coins, “Virtual Items”). A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.
GST offers bags of coins to purchase, the price vary according to the number of coins.
When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that GST is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused virtual items when an Account is closed, whether such closure was voluntary or involuntary, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in GST sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
- CONCLUSION OF A CONTRACT
How the respective contract is formed depends on the method by which you register for GST for the first time and whether you sign up for additional fee-based services.
4.1 Registration via mobile apps
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the “Install” field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the GST Services it is still necessary to open a cost-free user account with us.
4.2 Conclusion of a contract for one off additional services for a fee or for subscriptions
You can purchase individual additional services either by paying a one-off fee or as part of a subscription. If you purchase the respective additional service via the website the contract is formed when you click on the field “Buy now”, or a similar field, and successfully enter your payment details. If you purchase the additional service via your mobile app, the contract is formed when you click on the field “Buy now”, or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.
4.3 Correction of input errors
If you would like to purchase a one-off additional service or a subscription on our website you can interrupt the process at any time and correct any errors until you have successfully entered your payment details.
If you would like to purchase a one-off additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.
- TERMS OF VALIDITY
5.1 User contract
The user contract concluded between you and us once you register your account is valid for an indefinite period.
5.2 One-off additional services
One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
- TERMS AND CONDITIONS OF PAYMENT
6.1 Collection of fees
Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.
6.2 Payment default
We reserve the right to assert further claims for late payments.
- PAYMENT METHODS
If you purchase GST services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available. If you purchase GST services for a fee via our website, you can find an overview of the payment methods we accept.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
8. LIABILITY FOR DEFECTS
8.1 Statutory provisions
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
8.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the GST Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the GST Services.
9.1 Liability for services provided free of charge
For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for willful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
9.2 Liability for services provided for a fee
In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature.
If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfill the purpose of the contract, and on the fulfillment of which you as the consumer can rely or ought to be able to rely.
Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.
Otherwise, our liability is excluded.
9.3 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
9.4 Product liability
Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
10. RIGHT OF USE OVER GST CONTENT
Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than GST websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.
11. RESPONSIBILITY FOR USER-GENERATED CONTENT
11.1 Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the GST Services. We accept no responsibility for this content, nor do we monitor it.
11.2 Compliance with statutory provisions
When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the Federal Republic of Germany. Regardless of whether or not it constitutes a criminal offense, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.
We are entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause.
12. ENDING THE CONTRACT
12.1 User contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks’ written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.
13. PERSONAL DATA
14. CHANGE TO THE GENERAL TERMS AND CONDITIONS OF BUSINESS
We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use GST, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.
15. FINAL PROVISIONS
15.1 Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
15.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
15.3 Language of the contract
The language of the contract is English.
15.4 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
16. INFORMATION ABOUT THE SUPPLIER
Email: [email protected]