Terms & Conditions

General Terms and Conditions of Business and Use of C02P GmbH

1. validity and amendment of the General Terms and Conditions of Business and Use

1.1 These General Terms and Conditions of Business and Use (GTC) govern the conclusion of the contractual relationship between C02P GmbH, Keßlergasse 2, 2700 Wiener Neustadt, FN 605090p (C02P) and the organizer or authorized ticketing service provider (provider) and the use of (a) the websites and domains of C02P (www.c02p.com, website), (b) all services available on or via the website or otherwise provided by C02P and (c) all software (together the services).

1.2 These GTC, together with the Privacy Policy, the Cookie Policy and any other usage guidelines (collectively, Terms of Use), apply to all legal transactions and legal relationships between C02P and the Provider, in particular to the use of the Services.

1.3 The Services are owned and operated by C02P. The Services are offered subject to the Provider's unconditional acceptance of the Terms of Use, as may be published from time to time on this Website by C02P.

1.4 The Terms of Use apply to all price models offered for the Services (Basic Version and Pro Version). Unless agreed separately, the Terms of Use also apply to the Enterprise version.

1.5 C02P expressly declares that it only wishes to contract on the basis of the Terms of Use. Other contractual agreements shall not apply to the contractual relationship between the Provider and the Buyer. If, by way of exception, the application of the provider's GTC is agreed, its provisions shall only apply insofar as they do not conflict with these GTC.

1.6 By using or accessing any part of the Services, the Provider agrees to and represents that it has fully read, understood and accepted all of the terms and conditions contained herein and all other operating rules, policies and procedures published by C02P from time to time. If the Provider does not agree to any of these terms, conditions, rules, policies or procedures, the Provider may not use or access the Services.

1.7 The Terms of Use form the sole basis of the contractual relationship between C02P and the Provider and supersede all previous oral or written, binding or non-binding agreements, understandings, correspondence and declarations.

1.8 C02P reserves the right to unilaterally change the terms of use at any time. The current version is available at http://www.C02P.com/agb. The Provider is responsible for regularly checking the Terms of Use for changes. By continuing to use the Services, the Provider declares its implied consent to the changes. If the Provider does not accept a change to these Terms of Use, C02P is entitled to exclude the Provider from accessing and using its services.

2. description of the C02P services

2.1 C02P offers a delivery and administration service for electronic admission tickets (tickets). C02P provides registered providers with access to and use of software via the website and in the form of a mobile smartphone application (currently: for iOS and Android; and at the sole discretion of C02P expandable at any time to include other operating systems, app). The services enable the provider in particular to sell and deliver tickets for events to private, non-commercial buyers (buyers), to market and (indirectly) contact the buyer or other ticket holders (each a ticket holder).

2.2 C02P offers the Services in three different models: Basic, Pro and Enterprise (the Models). The functions, prices and scope of services of the Models are described in more detail in Annex A, which forms an integral part of the Terms of Use.

2.3 Tickets are purchased by the buyers exclusively via the provider (see point 6). C02P is neither legally nor factually involved in the sales process and assumes no liability for this. Any payment transactions that can be processed via the Services are also not processed via C02P, but via external third-party providers licensed for this purpose.

3. services

3.1 C02P hereby grants the Provider a personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services. Furthermore, the Provider is permitted to download and use software in connection with the Services. C02P hereby grants a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software in connection with the Services and solely in compliance with the Terms of Use and all applicable domestic and foreign laws. "Software" means all software available on or through the Website, Apple App Store, Google Play Store, and via GitHub (collectively, the Portals) or otherwise made available by C02P. The Software is subject to any terms of use of the Portals and, as part of the Services, also to C02P's terms of use. Downloading or using the Software is exclusively at the risk of the Provider.

3.2 Unless otherwise agreed, C02P is not obliged to provide additional services or work. In particular, there is no entitlement to modifications or changes to the Services.

3.3 The Provider is only entitled to use those services that are included in the service model selected by the Provider. The included services are described in more detail in Appendix A. C02P reserves the right to unilaterally change prices, service content and functions of the individual price models at any time.

3.4 C02P reserves the right, at its sole discretion, to modify, expand or improve the Services in whole or in part without the consent of the Provider and without prior notice. C02P will endeavor to ensure that this does not substantially impair the Services.

3.5 C02P also reserves the right to discontinue the Services in part or in full at its own discretion, without the Provider's consent and without prior notice, or to exclude the Provider from accessing and using the Services. If the Provider has already paid in advance, only the services actually used will be invoiced by C02P and the services not used will be refunded.

4. registration, account, password and security

4.1 C02P only offers the Services to Providers who are either properly registered in accordance with the following provisions or have a Facebook account that allows access to the Services without re-registration. C02P reserves the right to expand the log-in options via additional social media logins.

4.2 For registration purposes, the Provider undertakes to provide truthful, accurate, current and complete information about its - natural or legal - person, as well as to update this data regularly. This includes, in particular, name, company, company form, company register number, address, telephone number, e-mail address and names of contact persons. Should there be any changes to the information, C02P must be informed immediately. At the request of C02P, the Provider is obliged to disclose further information that is necessary for the use of the Services.

4.3 C02P only makes its services available to persons of legal age who have reached the age of 18. Minors are not permitted to use the Services without the consent of a parent or legal guardian.

4.4 In the event of disregard or violation of these obligations, C02P reserves the right to temporarily or permanently restrict or completely deny access to the Services and their use, as well as to block the Provider's user account.

4.5 As part of the registration process, the Provider creates an account (user name and password) or logs in via its existing Facebook account (one account in each case). The Provider is responsible for maintaining the confidentiality of its account credentials and is liable for all activities that occur under its user account, including, but not limited to, all actions of sub-users registered under the account. The Provider agrees to (a) immediately notify C02P of any unauthorized use of its account or any other breach of security and (b) ensure that it logs out of its account at the end of each session. If there is any unauthorized use of the account by a third party, C02P must be notified immediately. C02P cannot and will not be liable for any loss, damage or other liability arising from any failure to comply with the obligations in this section or any unauthorized access to or use of the Provider's account.

5. further obligations of the provider

5.1 The Provider undertakes to cooperate with C02P in all matters relating to the Services and to provide all information necessary for the provision of the Services immediately upon request by C02P.

5.2 The provider guarantees that all information provided by him

1. are neither false, inaccurate, misleading, obscene nor defamatory,
2. do not misrepresent facts,
3. not include the sale of counterfeit or stolen items,
4. do not infringe copyrights, patents, trademarks, trade secrets, publication rights or confidentiality obligations or other rights of third parties,
5. do not disregard any laws, regulations, ordinances or provisions,
6. do not contain viruses or programs that cause damage, obstruct or intercept information, data and personal details or use them unlawfully.

5.3 The provider guarantees that he

1. has all the necessary authorizations for ticket sales and
2. is authorized to pass on the buyer data transmitted to C02P.

5.4 The Provider is liable for all content, in whatever form, that it contributes to the Services or otherwise makes available for or via the Services, in particular that which it communicates to Ticket Holders via C02P. The Provider undertakes not to use the Services for the following purposes in order to:

• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, racially, ethnically or otherwise objectionable
• distribute advertising material that is not related to the events, tickets or other activities of the purchaser
• impair the development of minors
• to enable gambling, games, lotteries, raffles, competitions, sweepstakes and/or other activities for which prizes are awarded
• to upload, publish, e-mail, transmit or otherwise make available content that the provider is not entitled to make available under the law or under a contractual or fiduciary relationship (e.g. insider information, proprietary or confidential information of which the provider obtained knowledge in the context of an employment relationship or a confidentiality agreement or which was disclosed to the provider in this way)
• to upload, publish, send by e-mail, transmit or otherwise make available content that infringes patent, trademark or copyright laws or other intellectual property rights of natural or legal persons
• upload, post, email, transmit or otherwise make available any content related to the sale or provision of goods or services that is unrelated to the provision of tickets and registrations for events and services listed on the Website
• Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other type of computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interact with the Services in any manner not permitted by these Terms of Use or not expressly authorized by C02P
• interfere with or disrupt the Services or servers or networks connected to the Services or to disobey any requirements, procedures, policies or regulations of networks connected to the Services; and
• intentionally or unintentionally violate applicable (domestic or foreign) laws or regulations.

5.5 The Provider undertakes to act in accordance with the C02P Terms of Use.

5.6 The Provider undertakes to only inform Ticket Holders about event-specific and relevant information via the communication option of the Services. C02P will immediately investigate any suspicion of misuse of the communication option. The Provider acknowledges that the Ticket Holder can disable the Provider's communication option at any time - even without misuse - so that the Provider is no longer able to contact the Ticket Holder via the Services. In this case, the ticket holder is no longer considered an active user in relation to the respective provider. C02P also reserves the right to set up separate usage guidelines for the communication option of the services, which the provider must follow in order to continue using the communication option.

5.7 The Provider is obliged to refrain from any actions that are likely to impair the Services. The Provider is further responsible for using the Software in a manner that complies with all federal, state and local laws and regulations (domestic and foreign) and complies with all laws and regulations (domestic and foreign) regarding the transmission of technical data exported from the United States or from the country of the Provider's (administrative) domicile.

6 Tasks and responsibilities of the provider

6.1 All tickets are sold and issued exclusively by the authorized providers. C02P is not a vendor and is not a party to the contractual relationship between the vendor and the purchaser. The purchase contract is concluded directly between the provider and the buyer. The services provided by C02P only serve to deliver tickets to the buyer, the (indirect) communication of the provider with the ticket holder and the administration of tickets. C02P therefore does not bear the risk of any insolvency of the provider or the buyer.

6.2. C02P has no direct or indirect influence on the contractual relationship between Supplier and Purchaser and bears no responsibility for (a) the fulfillment of the contract, (b) the issuance of the Tickets, (c) the accuracy, completeness or validity of the Ticket or its barcode, (d) any default in performance (in particular, (d) any default in performance (including but not limited to default in payment and delivery), (e) reversals of performance, (f) payment and refund of the purchase price, (g) incorrect or incomplete information, or (h) any other disputes, claims, costs, damages or expenses arising in the context of the contractual relationship.

6.3 The sale of tickets requires the accurate and detailed entry of information relevant to the event, in particular information on event content, venue, event date, prices, seating, rows, general terms and conditions of the provider and the house rules of the venue. C02P assumes no guarantee or liability for the accuracy and completeness of this information, but reserves the right to check it. The provider must disclose all relevant information for this purpose.

6.4 The Provider grants C02P the non-exclusive, transferable, worldwide, royalty-free right and license to reproduce, modify, adapt, publish and display the descriptions of the tickets offered for sale.

6.5 Tickets are issued exclusively in electronic form. Tickets are delivered via the app and website. The electronic ticket is valid as access authorization, which must be presented at the event venue either as a printout (Print@home) or directly on a smartphone (Mobile Ticket).

6.6 The provider is responsible for creating an individual barcode. The principle of first entry applies, according to which the electronic ticket that is accepted first upon entry is the valid one. Subsequent, reproduced tickets are automatically invalidated by the first use of the barcode. In this context, C02P accepts no liability for any misuse or other duplication of the ticket.

6.7 In the event that events are canceled, postponed or rescheduled, C02P is not liable for the refund of admission fees. However, the provider can notify the affected purchasers of these changes on request. In this context, the provider must indemnify and hold C02P harmless for any claims by ticket holders.

6.8 Buyers may pass on the tickets they have purchased from the Provider to third parties via the app for a fee or free of charge. The Provider has the right to establish guidelines for resale against payment, whereby non-commercial resale against payment must be permitted in any case. The provider hereby gives its consent to the transfer of the tickets free of charge and against payment.

6.9 The transfer of tickets to third parties is subject to the condition that the third party accepts the event conditions of the provider and C02P. If the third party rejects these conditions, it is not possible to pass on the tickets.

6.10. The provider undertakes to cooperate fully in connection with the issuing of tickets. If - due to any circumstances whatsoever - problems arise with the issuing of tickets or tickets are demonstrably lost, the provider undertakes to issue replacement tickets.

7. payments between supplier and buyer

7.1 C02P does not participate in any way, either directly or indirectly, directly or indirectly, in payment transactions between the provider and the buyer. Payment of the ticket purchase price is made via the payment method provided by the provider.

7.2 C02P therefore assumes no warranty, guarantee, liability or other responsibility for (a) the payment of the Tickets by the Buyer, (b) the refund of the purchase price by the Provider, (c) the forwarding of the purchase price to the Provider, (d) the amount of the fees charged by the external payment service providers, or (e) other claims in connection with the payment or refund of the purchase price.

8 Conclusion of contract, prices and payments for services

8.1 By C02P's acceptance of the offer signed by the provider, the contract between C02P and the provider is concluded. C02P reserves the right not to accept the Offeror's offer without giving reasons.

8.2 The provider can choose between the Basic, Pro and Enterprise price models, the content and price structure of which can be seen in Annex A. "Ticket users" within the meaning of Annex A are all clearly assignable ticket holders who can be reached by the provider. They are taken into account and counted as soon as they have received one or more tickets.

8.3 The Provider undertakes to pay the fees and other charges of the selected service model listed in Annex A and to pay all other costs and expenses invoiced by C02P for the use of the Services.

8.4 All prices and charges are exclusive of the applicable statutory value added tax.

8.5 C02P issues monthly invoices for the fees, charges and costs incurred in the previous month. If the contractual relationship begins or ends during a month, the fee is due pro rata. Invoices are due for payment immediately upon receipt and without deduction, unless special payment terms are agreed in writing in individual cases.

8.6 The provider can choose between the payment options of direct debit, bank transfer or credit card processing for the payment of invoices.

8.7 C02P is entitled to increase prices in the event of increases in wage costs, material costs, other costs and charges or in the event of a change in the economic situation. The increases shall be deemed accepted by the provider from the outset if they do not exceed 5% per annum.

8.8 Offsetting by the provider with counterclaims or with alleged price reduction claims is only permitted if the claim has been legally established by a court or has been expressly established in writing by C02P as undisputed.

8.9 A payment is on time if C02P can dispose of the amount owed by the due date. Proof of a payment dedication, for example on a transfer voucher, is not sufficient.

8.10. In the event of default of payment by the Provider, the statutory default interest in the amount applicable to business transactions shall apply. Furthermore, in the event of default of payment, the provider undertakes to reimburse C02P for the dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. C02P is entitled to charge reminder fees of EUR 40 per reminder letter. The assertion of further rights and claims remains unaffected.

8.11. In the event of default of payment by the Provider and unsuccessful two reminders, C02P may temporarily or permanently restrict or completely deny access to and use of the Services and block the Provider's user account. The exercise of these rights does not release the
Provider from its obligation to perform.

8.12. Objections to invoiced claims must be raised by the provider in writing within 10 working days, otherwise the claim shall be deemed accepted. Objections shall not prevent the invoice amount from falling due, unless there are obvious errors in the invoice.

9. exclusion of warranty

9.1 The Provider understands and expressly agrees that the use of the Services is at the User's own risk and that the Services are provided "as is" and without warranty.

9.2. C02P hereby expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, (a) promotional or commercial success, (b) the number of tickets sold, (c) the fitness of the Services for any particular purpose, (d) infringement of intellectual property rights by third parties, (e) failure-free, uninterrupted, timely, secure or error-free Services, (f) compatibility with third party hardware, software, mobile applications or systems, or (g) correction of any defects or errors in the software provided as part of the Services.

10. limitation of liability, indemnification and hold harmless

10.1 C02P and persons attributable to C02P shall not be liable to the maximum extent permitted by law for any damages of any kind or nature, including but not limited to (a) direct or indirect damages, (b) material or immaterial damages, (b) consequential damages, (c) loss of profits, (d) costs of procurement of substitute services, (e) damages due to business interruption, (f) server downtime, (g) loss of data, or (e) for circumstances beyond C02P's reasonable control.

10.2 Within the scope of mandatory statutory liability, any fault on the part of C02P or persons attributable to it must be proven by the provider. § Section 1298 ABGB is excluded by mutual agreement.

10.3 C02P is not responsible for the products, services, content, promotions, links, advertisements, messages and other acts or omissions of the Provider, the Venue, the Artist or any other third party.

10.4 C02P is not liable for the loss, misuse, theft, manipulation or transfer of the ticket after it has been delivered to the purchaser by the Services. C02P is not obliged to issue replacement tickets.

10.5 C02P is not liable for any loss of or damage to data or damage to the Provider's systems resulting from the use of the Services (including the Software).

10.6 C02P reserves the right to change or discontinue the Services temporarily or permanently. This does not entitle the Provider to any claims for damages, costs of replacement services, loss of profit or other costs and expenses.

10.7 The Provider undertakes to indemnify and hold C02P, its directors and employees harmless from and against all claims for damages, whether direct, indirect, consequential or other damages, losses, liabilities, costs, expenses and claims of third parties, of whatever kind or nature, known or unknown, arising out of or in connection with disputes in connection with the Services. This obligation also includes the full reimbursement of all legal fees and costs of legal representation incurred by C02P in this connection.

10.8 The Vendor shall be solely responsible for the determination, calculation and payment of any duties, fees and taxes arising from the sale. Should C02P be confronted with such third-party claims, the Vendor undertakes to reimburse C02P for all costs, interest and expenses. The Vendor shall indemnify and hold C02P, its directors and employees harmless from any liability, costs, interest and expenses. This obligation also includes the full reimbursement of all court fees and costs of legal representation incurred by C02P in this connection.

10.9 C02P accepts no responsibility for damages resulting from a breach of registration obligations and/or unauthorized use of the account. All declarations of intent and information provided using the access data are valid for and against the account holder.

10.10. The provision of links to Internet websites or resources is the sole responsibility of the provider. C02P is not responsible or liable for their content, advertising, products or services and any damages or losses arising out of or in connection with them or in reliance on them.

10.11. The supplier waives the right to rescind and adjust the contract on the grounds of error and laesio enormis.

10.12. Claims for damages must be asserted in court within six months of their occurrence, otherwise they shall lapse and irrespective of knowledge thereof.

11. data protection

11.1 All information provided by the Provider or collected by C02P in connection with the Services is subject to the Privacy Policy, which is available at http://www.c02p.com/datenschutz and is hereby incorporated by reference into the Terms of Use. C02P strongly recommends that you read the Privacy Policy.

11.2 C02P is not obliged to pass on personal data of Buyers to the Provider. Should such data be necessary for participation in an event for legal or other reasons deemed important by C02P or the Provider, the transmission of such data requires the revocable consent of the User.

11.3 The Provider expressly agrees that its data in connection with the use of the Software may be processed by C02P. The Provider may revoke this consent in writing at any time.

11.4 C02P will not pass on provider data to third parties unless the provider explicitly agrees to this.

11.5 If the Provider uses its Facebook account as access, C02P may retrieve information from the Facebook account. What information this is depends on the respective settings and the data protection provisions of Facebook. C02P assumes no responsibility for this.

12. violation of the terms of use

12.1 C02P shall immediately investigate complaints and violations of the Terms of Use. To this end, the Provider undertakes to cooperate fully and comprehensively and to disclose all necessary information without restriction.

12.2 C02P is entitled, at its sole discretion, to monitor, change, edit or remove the provider's content and information.

12.3 If the Provider violates the Terms of Use, C02P reserves the right to take appropriate measures at its sole discretion, including, without limitation, issuing warnings, temporarily or permanently denying or restricting access to the Services, up to and including blocking and deleting the Provider's account.

12.4 If the performance of the Services is disrupted temporarily or permanently, partially or completely, by acts or omissions of the Provider and persons attributable to the Provider, C02P shall not be responsible for such disruptions or any direct or indirect costs arising therefrom.

12.5 The Provider shall be liable for all damages, costs, losses or expenses, whether direct, indirect, consequential or otherwise, of whatever kind or nature, known or unknown, arising from its breach of the Terms of Use.

13 Intellectual property

13.1 C02P is and remains the sole owner and beneficiary of its patents, trademarks, designs, copyrights and other intellectual property. All logos, trademarks and designs are registered or used trademarks of C02P.

13.2 By offering access to and use of the Services, the Provider is neither expressly nor impliedly granted the right or license to use trademarks, logos or designs. Any use of these rights requires the explicit written consent of C02P.

13.3 All contents of the Services and the underlying software, including without limitation the source and object code, are the sole intellectual property of C02P and are protected by copyright.

13.4 The Provider is prohibited from using the App and the software or website on which it is based to

1. to modify, reproduce or otherwise make copies thereof,
2. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, structure, sequence or organization of the app or website,
3. to rent, lease, resell or distribute,
4. and to undertake any other activities that could impair or interrupt the Services.

13.5 Any use of the software for purposes other than those expressly agreed and any other processing or modification of the services are prohibited. The Provider undertakes to use the services only in accordance with the contract and shall indemnify and hold C02P harmless in this respect.

14. other

14.1 Notices to the Provider may be sent either by e-mail or by post to the address last notified to C02P. Notifications from the Provider to C02P shall be made in writing to the business address of C02P, Keßlergasse 2, 2700 Wiener Neustadt. The Provider must notify C02P immediately in writing of any changes to the name, company, address, legal form or other relevant information. If the Provider fails to do so, any documents sent shall be deemed to have been received at the last address notified to C02P or under the last name notified to C02P.

14.2 Failure to assert the rights set out in the Terms of Use shall in no way be construed as an express or implied waiver of these rights.

14.3 C02P shall always endeavor to ensure that the Services run smoothly and without disruption and shall support the Provider in the event of problems in connection with the use of the Services in the form of e-mail support, available at [email protected] from 09:00-17:00 CET, unless otherwise agreed separately in writing.

14.4 All provisions of the Terms of Use which by their nature should continue to apply after termination of the contractual relationship, in particular all limitations of liability, indemnities, indemnification obligations, warranty exclusions and protection provisions for intellectual property and licenses, shall continue to apply.

14.5 The section headings in these GTC are for the sole purpose of organization and clarity and have no legal effect.

14.6 The contracting parties agree to the application of Austrian law to the exclusion of the application of the UN Convention on Contracts for the International Sale of Goods. The competent court in Vienna is agreed as the place of jurisdiction.

14.7 The invalidity of one or more or parts of such provisions of the Terms of Use shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision.