Terms
of Use
A.
The
following Terms of Use regulate the use of the website run by myWorld 360 AG
Grazbachgasse 87-93, 8010 Graz, Austria (hereinafter referred to as 'myWorld')
and access to myWorld Products. myWorld has commissioned myWorld International
Limited, 3rd Floor, 40 Bank Street, London E14 5NR, UK, with the operational
processing of the payment process for myWorld Products. If you wish to make
purchases in myWorld Products, in addition to this Terms of Use the General
Terms and Conditions for purchases on myWorld Products, apply, which you can
access via the following link shop.myworld.com.
B.
Users
of this website agree to these Terms of Use. myWorld can amend and supplement
these Terms of Use from time to time by updating these Terms of Use.
C.
myWorld
expressly reserves the right to amend, supplement and delete parts of the
website or all that is on offer or to adjust the publication either temporarily
or indefinitely, in particular if the continued performance of services of
partial services is no longer possible for the provider from a financial standpoint.
1. LICENCE AND ACCESS
1.1. Given the pre-requisites set
out in these Terms of Use, myWorld grants you a license to access and use myWorld
Products. You may only use this access for private purposes, this means only
for purposes which are not connected with the running of a business. The
license is non-transferable and refers exclusively to the use of myWorld Products.
1.2. The license does not entitle
you to record or use product information, descriptions or prices or to download
or copy content and account information, to run data mining, robots or similar
data recording and extraction programs.
1.3. When making use of the access
to myWorld Products, you may not, in so far as myWorld has not previously
expressly consented, damage, restrict or shorten myWorlds copyright.
1.4. myWorld does not permit
individuals who are not yet at least 18 years of age, (and not considered
contractually capable), access to myWorld Products.
1.5. The use of the offer on myWorld
Products is only possible in the context of an existing myWorld Benefit
Program, Cashback World program or Lyoness Loyalty program membership
(“membership”).
1.6. Registration within the myWorld
Benefit Program, as well as the use of myWorld Products is free of charge for
the customer.
2.
YOUR ACCOUNT
2.1. You may only make purchases through
myWorld Products in connection with an existing membership (see Item 1 of the
Terms of Use). You can use your account until such time as you terminate
your membership (detail scan be found in the general terms and conditions regarding
your membership in the login area), delete your account, your access to myWorld
Products will be blocked by myWorld or we choose to dismantle myWorld Products.
2.2. myWorld may block your access
to myWorld Products in particular for any of the following important reasons:
(i) If you use the account for any purpose for which it is
not intended, or to interrupt, damage or in any other way interfere with the myWorld
Products platform or access to it (for example, using malware); or
(ii) if you use your account in a way which is in breach of
these Terms of Use; or
(iii) If you use your account fraudulently or in connection
with any criminal offence or unlawful activities, including money laundering or
fraud; or
(iv) if you use your account to cause any nuisance, inconvenience
or provoke fear;
(v) if you use the myWorld Products platform to advertise or
offer goods and services from other websites.
2.3. myWorld will block your access
and use of myWorld Products with immediate effect. We will inform you via email.
Notwithstanding this, those provisions of the Terms of Use that are intended to
survive termination for any reason, including clause 4. (Liability) remain.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. The total content which the myWorld Products site contains
or which it produces, such as: text, graphics, logos, button icons, images,
audio clips, digital downloads and data collection, are protected and are
available exclusively to myWorld or to its licensors, who supply and/or provide
the content.
3.2. You may not systematically
extract or reuse parts of any myWorld service without the prior express written
consent of myWorld. In particular, you may not initiate any data mining, make
use of robots, perform data crawling or use similar data collection or
extraction programs with a view to extracting any vital parts of myWorld Products
and reusing these (irrespective of whether you wish to perform this action only
once or multiple times) without myWorld's prior express written consent. You
may not create and/or publish your own data bank containing important
components of any service provided by myWorld (for example, myWorld prices and
product information) without myWorld's prior express written consent.
3.3. myWorld graphics, logos,
headers, button icons, scripts and service names which are included as part of
a myWorld Service or have been prepared by them, are brands and trademark
rights belonging to myWorld. myWorld brands and trademark rights may not be
used in connection with any product or service which does not belong to myWorld
in any way which might lead to confusion of the customer or degrade or
discredit myWorld.
3.4. All other brands and trademarks
which are not owned by myWorld and appear as part of a myWorld service are the
property of the respective owner. myWorld respects the immaterial property
rights of third parties. If you are of the opinion that your immaterial
property rights have been used in any way which gives rise to suspicion of
violation, please inform myWorld customer services using the following email
address: customerservice@myworld.com.
4.
MYWORLD LIABILITY
4.1. myWorld strives to ensure that myWorld
Products is available continuously and without interruption and that
communications can take place without issue. However, your access to myWorld Products
may be interrupted occasionally or otherwise restricted so that repairs,
maintenance or services can take place or in the event of force majeure
(including but without limitation, any outage of internet service provisions)
which is out of the reasonable control of the provider and thus he is not
obliged to substitute these services. myWorld strives to limit the frequency
and duration of these temporary interruptions or limitations.
4.2. myWorld accepts liability for
damages incurred whilst using myWorld Products as well as services and products
if the causes of the damage can be attributed to an intentional or gross
negligent breach of duty by myWorld or its legal representatives or vicarious
agents. An intentional breach of duty is in existence should myWorld or
its vicarious agents not perform a duty intentionally, deliberately and willingly.
A grossly negligent breach of duty is given if myWorld or its vicarious agents
do not fulfill a duty of conspicuous carelessness, i.e. the behavior deviates
extremely from the due diligence
4.3. myWorld is not liable for any material
or immaterial damage which do not result from an intentional or gross negligent
breach of duty on the part of myWorld, their legal representatives or vicarious
agents (including but without limitation a loss of profits, loss of revenue,
reliance losses, damages due to loss of data, claims based on unjust
enrichment, legal fees, or contract brokerage fees), which occur as a result of
using the information provided or using incorrect or incomplete information,
4.4. Furthermore, myWorld is not
responsible for hyperlinks or their content. myWorld assumes no liability of
any kind for the current status, accuracy, integrity, legality or quality of
hyperlinks. Any liability lies with the provider of the linked website. myWorld
has no control over the current or future structure or contents of these
hyperlinks. Therefore, myWorld expressly distances itself from the contents of
all hyperlinks which were changed after the linked was added, as well as from
entries made by third parties in myWorld's guest books, discussion forums and mailing
lists. Continuous monitoring of the linked websites is not reasonable without
substantial proof of legal infringements. As soon as myWorld becomes aware of
such legal infringement, the hyperlink will be removed promptly.
4.5. For potential illegal
activities or information provided by electronic links which link the myWorld Products
site to other sites on the worldwide web as well as for content which is placed
on myWorld Products, myWorld is only liable where it has been made aware in
writing and has failed to promptly remove the information or to block access to
it within a reasonable time period. Content of a discriminating,
offensive, morally reprehensible or illegal nature may be removed by myWorld at
any time.
4.6. This disclaimer shall be
considered a component of the website. If parts or single phrases in this text
do not, only partially or simply no longer correspond to the current legal
situation, the remaining part of this document, its contents and validity
remain unaffected.
5.
GENERAL
5.1. Austrian Law applies with exception of
UN Purchase Law (CISG) and the conflict of law. The competent court in Graz
shall have exclusive jurisdiction for all potential disputes arising out of or
in connection with these terms and conditions. For contracts involving
consumers, the consumer has the choice between the court in whose district the
domicile, habitual residence or place of employment of the consumer is located
and the jurisdiction located at the myWorld premises. Although Austrian
Law is applicable to the present business relationship, you can also call on
the mandatory consumer protection regulations implemented by the state in which
you live, insofar as this state is a member state of the European Union.
In this case, you may file a claim in connection with these conditions of
use which are the result of consumer protection norms, both in Austria and the
EU member state where you live.
5.2. The European Commission makes a
platform for the purpose of online dispute resolution available via the following
link https://ec.europa.eu ('OS Platform'). myWorld strives to
resolve all potential differences of opinion which could conceivably arise from
this contractual relationship amicably. Furthermore, myWorld is not
obliged to participate in an arbitration procedure and cannot offer you the
opportunity to partake in such a procedure.
For any further questions regarding these Terms of Use and the General Terms and
Conditions, please contact us at:
myWorld 360 AG (myWorld)
Grazbachgasse 87-93,
8010 Graz
Austria,
E-Mail customerservice@myworld.com
Court of registry: Landesgericht für ZRS
Graz, Company registry: FN 389134g.
UID-Nr.: ATU67661657