Terms and Conditions

Click here for the Data Protection Provisions

1. Scope of Validity

a) Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, with its registered office in Neunkirchen, Austria (FN 293314w) (hereinafter "Operator of CANDIDATE") offers a meeting platform (hereinafter "CANDIDATE") at www.getcandidate.com (hereinafter "Website") and on the mobile app (hereinafter "App"). Each User registered on CANDIDATE (hereinafter "User" together with the Operator of CANDIDATE the “Contracting Parties”)) can meet other Users by using a question-answer game (hereinafter "Game") and thus by using the service offered by the Operator of CANDIDATE (hereinafter "Online Services"). A User is deemed to be any person who uses the services offered by the Operator of CANDIDATE on CANDIDATE.

b) The following General Terms and Conditions of Business (hereinafter "General Terms and Conditions of Business") apply for all contractual relationships between the Contracting Parties, in particular for the registration for and use of CANDIDATE as well as the use of applications that are reserved for paying users (hereinafter “Premium Features”).

2. Registration

a) Registration with CANDIDATE is free of charge, except for the Premium Features.

b) The User may only register in his/her own name. He/she must be aged 16 or over and be a private individual. The data provided during registration must be complete and truthful. Registration under a pseudonym or an erroneous address or e-mail address is not permitted. The personal access data are to be treated by the User as confidential and may not be disclosed to third parties.

c) Connect functions of third parties such as Facebook Connect will be offered optionally to registration. When registering via connect functions of third-party providers, the User declares himself/herself in agreement with the respective terms and conditions of these third-party providers and also consents to certain data from the respective profiles of the User being taken over into the CANDIDATE database.

d) The Operator of CANDIDATE reserves the right to reject the registration of Users without giving reasons. In this case, the data transmitted by the User will be deleted immediately.

3. Scope of Service

a) In the form of CANDIDATE, the Operator of CANDIDATE offers various services on the Website and on the App that make it possible for Users to contact other Users.

b) The Online Services provided offer the creation of User profiles and interaction possibilities between the Users in the form of a Game.

c) As a result of the registration on CANDIDATE, a communication between the Users based on the sending of messages through an internal message exchange system (hereinafter "Message System") is also possible.

d) When the User provides his/her e-mail address or uses the connect function, it is possible to create a User-specific account that can be accessed with all (mobile) end devices (hereinafter "CANDIDATE Account").

e) The User can acquire points against payment of an in-app billing system (hereinafter “Coins”) and use them to make use of Premium Features.

f) CANDIDATE may only be used for purely private, non-commercial purposes.

g) The Operator of CANDIDATE is entitled to use third parties as vicarious agents (e.g. service provider for payment handling or collection) if this is seen as being necessary.

h) The User is not entitled to a minimum number, a minimum scope or a certain type, form or quality of the Online Services. In addition, the User is not entitled to a certain type, form or quality of CANDIDATE. The Operator of CANDIDATE is entitled at any time to adapt, amend or supplement CANDIDATE and the functions created on CANDIDATE without giving reasons, whereby this will be announced on the Website and App. The Operator of CANDIDATE reserves the right to suspend operation of CANDIDATE at any time without indicating grounds. As a result, any further claims of the User that are regulated in the General Terms and Conditions of Business also expire, with the exception of the claim to reimbursement pursuant to Point 4.f of these General Terms and Conditions of Business.

4. Premium Features

a) Premium Features can be used against payment of Coins, which the User can purchase in the App Stores (hereinafter “App Stores”) given accordingly in the website and app. The payment methods are orientated around the terms of payment of the App Stores.

b) Before purchasing the Coins, the User will be informed of the content, number of coins that must be paid for the respective Premium Features (hereinafter “Prices”), and the duration of the Premium Features. The Operator of CANDIDATE reserves the right to give users free use of Premium Features for test purposes.

c) The Operator of CANDIDATE can change the Prices for Premium Features at any time without giving any reasons. The Operator of CANDIDATE will announce price changes (hereinafter referred to individually as a “Price Change”) by showing the current price in the app. The Price Change will be effective for all users independently of whether the User has purchased Coins before the price change. The Price Change does not affect Premium Features already used at the time of the Price Change. As compensation for the loss in value of coins brought about by the price increase, which were purchased before the price increase and are still available after the price increase, the User has an entitlement to a credit for the respective number of additional coins from the Operator of CANDIDATE. The User must exercise the entitlement to a credit from the Operator of CANDIDATE within three months after the price increase is brought to his/her attention, by sending an e-mail to support@getcandidate.com.

d) The Operator of CANDIDATE reserves the right to change, cancel and/or enhance individual or all Premium Features without giving any reasons. The Operator of CANDIDATE will announce the changes/cancellations/enhancements by showing the currently offered Premium Features in the app. The change/cancellation/enhancement shall be effective for all users, independently of whether the User purchased Coins before the change/cancellation/enhancement. In the case of a change and/or cancellation of Premium Features, the User is entitled to terminate all contracts for the purchase of Coins that were made before a change and/or cancellation and from which Coins are still available after the change and/or cancellation. The User must declare his/her termination to the Operator of CANDIDATE within three months after the change and/or cancellation was brought to his/her attention by sending an e-mail to support@getcandidate.com. In case of a valid termination, the Operator of CANDIDATE will refund the amount of money to the User that corresponds to the value of the Coins that had already been purchased before the change and/or cancellation and had not yet been used after the change and/or cancellation.

e) In the event of an ordinary or extraordinary termination of the contract by the customer, however without a justified, important reason for this, then his/her Coins that are still available at that time expire. There shall be no entitlement for a refund of the payment made for this.

f) In the case of ordinary termination of the contract by the Operator of CANDIDATE pursuant to Point 6 b), the User has an entitlement to a refund of the amount of money that corresponds to the value of the Coins already purchased by the User but not yet used minus a processing fee in the amount of EUR 10.00. If the User has Coins at that time totalling less than EUR 10.00 or no Coins, then there is no obligation for payment of the processing fee or alternatively the difference to the processing fee in accordance with the previous sentence. The entitlement to a refund must be asserted by the User to the Operator of CANDIDATE by e-mail to support@getcandidate.com within three months after termination, and he/she must substantiate the purchase of the Coins as well as the purchase price paid for them (amount, currency) (e.g. e-mail confirmation from the App Store). The User must make known bank details to a credit institute based in the SEPA zone (also by e-mail).

5. Conclusion of Contract, Start of Contract

a) The contract between the Operator of CANDIDATE and the User (hereinafter “Contract”) for use of the online services comes into effect through the registration described in Point 2.

b) The Operator of CANDIDATE explicitly points out that each User may only have one CANDIDATE Account. Before the creation of a new CANDIDATE Account, the current/old CANDIDATE Account has to be deleted.

c) The User’s approval of the use of personal data for the purposes of informing about and advertising for activities and the services offered by CANDIDATE as well as for the purposes of advertising for the offers of third parties represents a counter performance in exchange for use of the online services of CANDIDATE at no charge. If no Premium Features are utilised by the User, the Contract between the User and the Operator of CANDIDATE shall only come into effect provided that the User grants the approval for the use of personal data for these purposes as well as for the use of such data as are required for the operation and use of the CANDIDATE service offering, in accordance with the declarations of approval in the Data Protection Provisions.

d) The Contract for the purchase of Coins and utilisation of the Premium Features comes into being through the confirmation message for the purchase of the coins between the Operator of CANDIDATE and the User (the “Premium Contract”).

6. Duration of Contract and Termination

a) The Contract as well as the Premium Contract are concluded for an indefinite period of time.

b) The User can terminate the Contract as well as the Premium Contract at any time without indicating reasons by duly deleting his/her CANDIDATE Account via the function envisaged for this purpose or by sending an e-mail to the e-mail address support@getcandidate.com. The Operator of CANDIDATE can terminate the Contract at any time, giving a period of notice of one month.

c) If the User breaches statutory provisions or these General Terms and Conditions of Business, the Operator of CANDIDATE is entitled to terminate the Contract immediately for important grounds. Important grounds exist, among others,

- if the User provides false data;

- if the User is in arrears with the payment of the fee for Premium Features;

- in the event of gross misconduct by the User towards other Users;

- if the User withdraws the approval for the use of personal data and this approval represents a counter performance for the use of the online services of CANDIDATE. This applies in particular to the provisions concerning the use of data for the purposes of information about and advertising for activities and the service offering of CANDIDATE;

- if the User withdraws the approval for the use of such personal data as are required for the operation and use of the service offering of CANDIDATE.

d) The Operator of CANDIDATE does not assume any liability whatsoever for data deleted within the framework of a Contract termination. There is no entitlement to restoration of the deleted data either. In the event of temporary exclusion or an extraordinary termination, further claims of the Operator of CANDIDATE remain unaffected.

7. Copyright, Granting of Rights

a) CANDIDATE and the underlying software are protected by copyright and may not be used or changed beyond the usage right granted in point 3 without the prior written consent from the Operator of CANDIDATE. The design of CANDIDATE and in particular content created on the Website and the App (e.g. databases, photos, images, videos or texts) are also protected by copyright or are subject to other laws to protect intellectual property and unless otherwise marked are the property of the Operator of CANDIDATE.

b) The User grants the Operator of CANDIDATE the free-of-charge, non-exclusive and irrevocable right without restriction with regard to time or geography to use, change, copy, duplicate or translate the questions used by him/her on CANDIDATE for Games for purposes of operating CANDIDATE and in particular to permanently hold them ready for retrieval on CANDIDATE and to make them publicly accessible. The Operator of CANDIDATE has the right to move contributions on CANDIDATE and to combine them with other content. The User waives his/her right to be named as the copyright holder and declares, if applicable, that he/she has obtained such a waiver by the copyright holder.

8. Control and Deletion Rights of the Operator of CANDIDATE

a) As a host provider, the Operator of CANDIDATE is not obligated to check all content created by the Users but reserves the right to check and delete the content at any time.

b) The Operator of CANDIDATE reserves the right, if he/she becomes aware of rights being breached by content created by Users / by linking, to remove this content/linking within an appropriate period of time and to take all possible and reasonable precautions to prevent an identical breach of rights in the future.

c) The Operator of CANDIDATE is entitled to delete contributions that breach valid law or these General Terms and Conditions of Business.

d) It is at the discretion of the Operator of CANDIDATE to save content and information from Users and to forward this to third parties if this is permitted under the law.

e) The Operator of CANDIDATE is entitled to delete content from Users at any time and without any obligatory substantiation or notification. This applies in particular for older chat and tournament records.

9. Duties of the User

a) Solely the User is responsible for the information provided regarding his/her person (hereinafter "Information"). In addition, the User gives assurance that this Information is true.

b) The User is responsible for the content that he/she creates or publishes on the Website and/or the App in tournaments and that he/she shares with other Users (hereinafter "Content"). The User undertakes not to generate, publish or disseminate any harassing, offensive, discriminating, sexist, defamatory, pornographic, threatening, violence-glorifying, racist, extreme right-wing / extreme left-wing and other morally reprehensible or unlawful Content or depictions on CANDIDATE (hereinafter "Prohibitions with regard to Content").

c) A breach by the User against the listed Prohibitions with regard to Content entitles the Operator of CANDIDATE to itself remove the Content created by the User and affected by this and/or to delete the CANDIDATE Account.

d) The User undertakes not to publish any Information or Content on CANDIDATE for which he/she does not hold the copyrights.

e) The User undertakes to handle his/her access data with care and in particular to prevent the unauthorised usage of his/her data by third parties. In addition, he/she undertakes to notify the Operator of CANDIDATE immediately if he/she notices or suspects unauthorised access.

f) The User undertakes not to use the access data of third parties under any circumstances.

g) In the event of justified suspicion of unauthorised access, the Operator of CANDIDATE is entitled to change the access data of the User affected for security reasons or to exclude the User temporarily. The authorised User is to be informed immediately about this and the next steps. This duty of information, however, can only be complied with if the User has indicated an active, valid e-mail address in the course of verification.

h) The User undertakes to comply with the Prohibitions with regard to Content and not to misuse the Online Services and/or Premium Features in other ways, in particular not to

- send junk mails, chain letters or other mass messages;

- carry out activities for commercial purposes on CANDIDATE, in particular not for advertising purposes;

- communicate or promote criminal, illegal activities or mislead other Users into doing so;

- infiltrate virus-infested files into the CANDIDATE system;

- disseminate in an unauthorised manner data or works protected by copyright or breach copyright law or other laws in a different way.

i) The User will indemnify the Operator of CANDIDATE and hold it harmless in all respects in connection with his/her usage of CANDIDATE.

j) The User undertakes to comply with the applicable laws and these General Terms and Conditions of Business when using the Online Services and/or Premium Features.

k) All rights of the User arising from the Contract as well as the Premium Contract are non-transferable. It is prohibited for the User to use services of the Operator of CANDIDATE outside of the contractual purpose without the explicit consent from the Operator of CANDIDATE.

l) Services of the Operator of CANDIDATE and in particular the access to the personal CANDIDATE Account may not be resold, provided to third parties for use free of charge or for a fee, or otherwise directly used with a view to making a profit. The User is liable towards the Operator of CANDIDATE for any damage resulting from the unauthorised forwarding or access to CANDIDATE.

10. Duties in Connection with Uploaded Photos/Profile Images

a) The Users are not obligated to upload image files on CANDIDATE. If the possibility of creating a profile image is used, the statutory provisions (in particular laws on youth protection, copyright and personal rights) and the General Terms and Conditions of Business are to be complied with.

The profile image is visible for all other Users.

b) Nobody has to upload a profile image. However, if a profile image is uploaded, it must show the person who has created the profile. The use of "fun images", heavily reworked images, comic figures, avatars, animals, etc. is not permissible.

c) A photo is to be selected for the profile image that is as up-to-date as possible. Pictures of a User's children are thus not accepted as a profile image. The User must be discernible on the profile image. If more than one person can be seen on the image, the User must be marked on the image. No weapons, illegal drugs, offensive or discriminating gestures may be discernible on the image and the image itself may not be aggressive, threatening or pornographic. No flags or political content may be in the forefront of the profile images either. In the case of Users under the age of 18, the profile image may not show any consumption of alcohol or tobacco. The profile images may not show any primary or secondary gender features; the displaying of sexual actions/insinuations is not permitted either.

d) There is no entitlement to the activation of a profile image. The Operator of CANDIDATE reserves the right to delete the images if they breach one of the aforementioned rules or are classified as unsuitable based on statutory provisions.

11. Right of Revocation for Consumers

a) In the event that the User, as a consumer pursuant to the Consumer Protection Act (KSchG; Federal Law Gazette 1979/140 in the respectively valid version), uses the Online Services and/or Premium Features and thus concludes a contract, he/she is entitled to the following right of revocation.

b) The User has the right to revoke the Contract within fourteen days without giving reasons.

c) The period of revocation commences fourteen days from the date when the Contract is concluded.

d) To exercise the right of revocation, the User must announce the revocation of the Contract by a clear declaration (e.g. by means of a letter sent by post or by means of an e-mail) towards the Operator of CANDIDATE to support@getcandidate.com or to Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, Schwarzottstraße 2a, 2620 Neunkirchen / Lower Austria. For this, the User can use and send the sample revocation form given below. If the User makes use of this opportunity, the Operator of CANDIDATE will send a confirmation of the receipt of such a revocation immediately.

e) To comply with the deadline for revocation, it is sufficient for the User to send the notification of his/her exercising of the right of revocation before the expiry of the period of revocation.

f) If the User revokes the Contract, the Operator of CANDIDATE has to repay to him/her all payments that the Operator of CANDIDATE has received from his/her immediately and at the latest within fourteen days from the date on which the notification regarding the revocation of the Contract has been received by the Operator of CANDIDATE. For this repayment, the Operator of CANDIDATE will use the same means of payment that the User used for the original transaction unless otherwise explicitly agreed with the User; the User will not under any circumstances be charged fees due to this repayment. If the User withdraws from a Contract regarding a service after he/she declares his/her request for early provision of service during the period of withdrawal and the Operator of CANDIDATE has thereupon commenced the fulfilment of the Contract during the period of withdrawal, the User has to pay the Operator of CANDIDATE an amount that, compared to the contractually agreed total price, compares proportionately with the services provided by the Operator of CANDIDATE until withdrawal.

g) Sample revocation form

(If you wish to revoke the Contract, please complete and return this form)

Schneider Holding Wirtschaftsprüfungsgesellschaft mbH, Schwarzottstraße 2a, 2620 Neunkirchen, Lower Austria, fax: [—], e-mail: [—]:

I/We (*) hereby revoke

- The Contract concluded by me/us (*) regarding

- The purchase of the following goods (*)/the provision of the following services (*)

- Ordered on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Date

_____________________

(*) Delete as applicable

h) Exception to the right of revocation: The User cannot revoke an online service and/or Feature that he/she calls up if the delivery has commenced with the explicit consent and information that the User loses his/her right of revocation. A Feature is deemed to have been called up directly after payment via the payment system by the User or by the registration of the User with CANDIDATE.

12. Warranty, Liability

a) The Operator of CANDIDATE does not assume any warranty that the User's expectations of the Online Services offered are met. The Operator of CANDIDATE merely provides Online Services that can result in communication between Users.

b) The Operator of CANDIDATE is liable only if damage has been caused by the Operator of CANDIDATE in a grossly negligent or wilful manner. Liability of the Operator of CANDIDATE for slight negligence is – with the exception of personal injury – excluded.

c) Usage of CANDIDATE is solely at the own peril and own risk of the User. This applies in particular for the communication and contacts between Users outside of CANDIDATE.

d) The Operator of CANDIDATE does not guarantee continuous, error-free operation and permanent usability. There may, among others, be temporary disruptions in availability during maintenance work. The Operator of CANDIDATE is not liable for any resulting damage incurred by the User such as damage due to erroneous or delayed transmission, incorrect, incomplete or modified Content or removed data.

e) The Operator of CANDIDATE does not assume any liability for the Content created by Users. In particular, the Operator of CANDIDATE is not liable for damage that is incurred as the result of Content created, shared or published by Users.

f) The Operator of CANDIDATE does not assume any liability whatsoever for the misuse of information and data by third parties or other Users. This applies both for information that has been created, shared or published by the User as well as for information and data of which knowledge has been gained by unauthorised means, such as by hacker attacks.

g) The systems of the Operator of CANDIDATE are protected with customary measures against attacks by hackers and viruses. However, the risk of such attacks cannot be excluded. Unless virus infestation or a hacker attack results from the grossly negligent or wilful disregard of the security settings by the Operator of CANDIDATE, the Operator of CANDIDATE does not assume any liability for the resulting damage.

h) The Operator of CANDIDATE is not liable for Content provided by other third parties on CANDIDATE or the content of websites of third parties to which the Operator of CANDIDATE has placed a link. Solely the provider of the site to which the Operator of CANDIDATE has set a link is liable for illegal, erroneous or incomplete content and in particular for damage that results from the usage or non-usage of information provided in such a form. The User of CANDIDATE is himself/herself responsible for critically checking the Content from third parties and appraising it under his/her own responsibility.

i) The User exempts the Operator of CANDIDATE from all claims of third parties that the latter raise against the Operator of CANDIDATE asserting that content/conduct/actions by the User are in breach of their rights, and undertakes to indemnify the Operator of CANDIDATE and hold it harmless in this regard.

13. Takeover of the Contract by Third Parties

The Operator of CANDIDATE is entitled to transfer his/her rights and obligations arising from this contractual relationship in part or in their entirety to a third party.

14. Data Protection Provisions

The data protection provisions of CANDIDATE apply for all Users and are part of the Contract and the Premium Contract that are concluded with the User on registration. They can be found on the Website and the App under "Data Protection Provisions". Data are processed solely pursuant to the specifications of Austrian data protection law.

15. Place of Jurisdiction and Applicable Law

All agreements made between the Operator of CANDIDATE and the User as well as these General Terms and Conditions of Business are subject solely to Austrian law under the exclusion of the conflict of laws rules of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

Where permitted under the law, the court materially responsible for Wiener Neustadt is agreed as the place of jurisdiction.

16. Final Provisions, Miscellaneous

a) The Operator of CANDIDATE reserves the right to adapt these General Terms and Conditions of Business from time to time in order to, particularly but not restricted to this, adhere to the statutory provisions or requirements, to ensure cost effectiveness or to comply with the interests of the Users.

b) In the event of a change to the General Terms and Conditions of Business, the Operator of CANDIDATE will announce the amendment version suggested by it at least 30 days before it enters into force on the Website, the App and (if necessary) by sending the text of the Contract to the User by e-mail. With the exception of formal adjustments, amendments to the General Terms and Conditions of Business require consent from the User. The Operator of CANDIDATE will call on the User to consent to the modified version of the General Terms and Conditions of Business. The User will be given the opportunity to give his/her consent in a suitable way, for instance by sending notification that has to be confirmed. If the User does not give his/her consent within 30 days starting with the day following the announcement, he/she may no longer use CANDIDATE.

c) If the User continues to use CANDIDATE after an amendment to the General Terms and Conditions of Business, or after notification of the change having been made, or after the expiry of 30 days, this is deemed to be consent to the modified General Terms and Conditions of Business.

d) If individual provisions of these General Terms and Conditions of Business should be or become invalid, this will not affect the remaining content of the General Terms and Conditions of Business. The invalid provision is to be replaced by a valid provision that is legally permissible and comes closest commercially to that intended by the parties to the Contract.

Status 22.01.2018