TERM OF USE BY THE PORTAL
1.2 We provide our portal and the gratuitous interactive online service, which includes the providing of information, news, photos, videos, and other material (together “contents”), in particular contents about traveling and travel destinations, solely in accordance with this ToU. The website and the contents may only be used for your personal, non-commercial use. We reserve the right to choose, coordinate, add, modify, or cancel any contents which were published on our portal.
1.4 In order to take advantage of certain services, you may have to register and conclude further agreements. The registration is especially required if
- a) you want to use our commentary and news function, and
- b) you want to create and publish blogs and blog contents.
You will immediately be informed if you are directly linked to services and functions which depend on registration and creation of a user account.
Our registered users, i.e. individuals who registered on our website and made a user account in order to take advantage of further services, are legally bound by the ToU’s version which was set forth at the time they submitted their registration and concluded the contract.
1.5 Bloggers create and share blog contents on our portal. Bloggers have to carry out a registration for this purpose. For the life of the valid agreement and subject to this ToU, we furnish registered users with user accounts, which include memory space (the maximum is 10 GB per user) for the purpose of publishing blog contents and comments.
Within this context, we act as a technical intermediary between you and third parties and provide third-party information / services. Better-go-now is not responsible or liable for third-party contents. Solely such authors are responsible for such contents. Better-go-now is only so far responsible for third-party contents, as we assume our responsibility of deleting content or blocking access without unnecessary delay if we gain knowledge that users infringe this ToU or any applicable law.
1.6 With regard to your internet usage, you hereby agree and warrant to protect your devices, connected networks, as well as your data from virus and similar threats by using adequate protection systems of the latest version, and to regularly backup your data. Furthermore, registered users agree to regularly backup their user account data by themselves. We are not responsible for or owe any data backups. Furthermore, better-go-now is not responsible or liable for any damage or loss of your data on your devices or data carriers for reasons such as system errors, virus, or other, unless we have deliberately or negligently caused them.
- Gratuitous Services and Functions
The non-commercial use of our services and functions is gratuitous.
- Conditions of Use
3.1 Basically, we furnish services and functions provided that you have access to the Internet. Your access to the Internet is not provided or owed by us. In order to use the website and better-go-now’s services, you have to be able to access the Internet and be in possession of the required technical devices. You must bear all charges and costs incurred by this.
3.2 The access to services and functions on better-go-now’s portal depends on multiple factors, which are partly out of our control (e.g. network breakdowns of third-party providers, who are neither under our control nor represent our vicarious agents). In addition, the access to our website and services can be slowed down or even blocked (by your, our, or third-party providers’) spam filters, virus scanners, or by firewall and other security or network configurations on your device, and the appearance of the portal itself or the graphic presentation of its contents can be limited or blocked.
3.3 Within this context, an all-time availability of the website and our services and functions is not owed. We are eager to provide our contents and services 24/7 within the boundaries of technical feasibility (especially updates, maintenance, or the solution of eventual problems can cause interruptions), but we are not obligated to furnish our contents, services and functions at any time or within a specific time limit.
3.4 We reserve the right to interrupt our services and functions for an adequate period of time due to internal reasons, such as maintenance work. In particular maintenance, security, capacity, as well as occurrences which are beyond our control (e.g. public communication network errors, power outrage, etc.) can lead to disruptions or the temporary interruption of our services.
3.5 You may access our website and services only via interfaces that are provided by us.
3.6 You may use our website and services solely in accordance with applicable law and this ToU.
- User Account
4.1 Any natural and legal person may register on better-go-now’s portal provided that he/she is legally competent.
4.2 You may not create more than one account. If you have multiple accounts, we reserve the right to terminate the underlying agreement with immediate effect for good cause and to delete all of your accounts.
4.3 Your account’s underlying contract is of indefinite duration and either party has the right to terminate the contract within a notice period of fourteen days. The possibility of early termination for good cause will be unaffected by this.
4.4 We reserve the right to delete your contents or block your access at any time if (i) you fail to perform any of the underlying contractual obligations subject to this ToU, (ii) your contents infringe third-party rights or violate any applicable law, or (iii) your contents are inappropriate at our discretion. Accordingly, we reserve the right, at any time in our sole discretion, to delete your contents or block the access to our services, particularly with regard to contents that are: racist, pornographic, anti-constitutional, contra bonus mores, deliberately dishonest, offensive, promotional, defamatory, or virus infected.
4.5 There is no legal right to carry out a registration / create a user account. We reserve the right to refuse (or revoke within fourteen days after the registration) your registration if an account from you has already been canceled for good cause.
4.6 You must provide your real name, your current address, and a valid email address (which is served for your user account and contract-related communication between you and better-go-now). We reserve the right to terminate the underlying agreement for good cause with immediate effect and to cancel the user account if we gain knowledge that your personal information is incomplete or inaccurate.
4.7 It is your sole responsibility to protect your password and other account information. If there is reasonable suspicion that access data is used by an unauthorized individual, you have to immediately notify better-go-now of this unauthorized use.
- Overview of Rights and Obligations Regarding Blogs and Comments
5.1 Blogs and Comments in General:
5.1 a) While creating your blog contents, you have the possibility to choose between “private” and “public” blog. Public blogs and comments published on our portal can be seen by any visitor without limitation and are available to the public.
5.1 b) There is no legal right to publish contents (including text blogs, photo blogs, video blogs, and advertisements). We reserve the right to refuse the publication of contents without giving any reasons.
5.2 Private Blogs:
5.2 a) Private blogs serve to privately disseminate blog contents which can only be read / seen by a clearly defined group of users.
5.2 b) We do our best to protect contents of your private blog by applying adequate economic measures, but the risk that data becomes public due to system errors, virus, or other reasons, which are not our fault, still remains.
5.2 c) Bloggers have the possibility to transform their private blog into a public blog and thereby make it accessible to the general public. Basically, a publication can be annulled or canceled. We have no obligation to prevent that once published content will no longer be available on the Internet.
5.2 d) We do not provide refunds for private blogs.
5.3 Public Blogs:
5.3 a) The bloggers reserve the right to publish contents on their own website, blog, or any other medium which had been provided by us for the purpose of publishing contents. There is no obligation to exclusively publish on our portal.
5.3 b) The bloggers accept that other users or members may review or comment on contents within the scope of services furnished by better-go-now.
5.3 c) Bloggers can transform their public blog into a private blog. However, we have no obligation to prevent that once published content will no longer be available on the Internet.
5.3 d) Basically, we do not refund blogs. We might grant refund if specific criteria are fulfilled (see link). In order to evaluate the situation, we will ask you to hand in an application.
- Special Conditions Regarding User Accounts
6.1 The mass distribution of the same or almost the same content (e.g. spamming or junk mails) as well as the transfer of data or software, which could influence in a negative way the hardware or software of the receiver, is not allowed.
6.2 The user has to avoid any action that could cause disruption to our portal and its services and functions.
6.3 You may not provide contents which infringe the rights of third parties or which are inappropriate at our discretion, e.g. racist, pornographic, anti-constitutional, contra bonus mores, deliberately dishonest, offensive, promotional, defamatory, or virus infected contents.
6.4 Products and services may not be advertised by you. You may not provide advertisements for specific providers and companies (as well as links on blogs with commercial character) by using your user account, unless the distribution of advertising contents are expressively agreed as part of the contract. Advertising contents are always subject to an individual contract against payment.
6.5 We have no obligation to make your contents longer accessible in the event of termination of the contract or cancellation of your account.
- The User’s Revocation Right
7.1 You have the right to revoke the distance selling deal or the far from premises concluded contract without giving any reason within a fourteen day notice period. If the last day of the time period is a Saturday, a Sunday, or a public holiday, the time period ends with the following work day. It will be sufficient to send your written revocation within the time period of fourteen days. The time period in terms of contracts for the supply of services commences with the following day of the contract’s date. In order to revoke, we provide a withdrawal form (link). The timely dispatch of the cancellation is sufficient for compliance with the cancellation period (of fourteen days). With the compliance of the timely revocation, the contract will be rescinded.
7.2 Consequences of the Withdrawal / Revocation:
7.2 a) Gratuitous Contracts:
There are no compensation fees for any party regarding gratuitous contracts.
7.2 b) In General:
All payments, including delivery charges (except additional costs for special delivery if the user refused to choose our cheaper standard delivery), will be refunded with immediate effect and not later than within fourteen days in the event of revocation from the contract. The time period for the refund commences on the day you informed us about your revocation. Unless not otherwise explicitly agreed, we use the same means of payment, which were originally applied by you during the transaction, to refund the payments. No charges will be imposed for this refund.
7.2 c) Services:
If you required to start the contractual service of your agreement on services during the revocation time period, you must pay an appropriate amount, which, in comparison to the overall volume of services outlined in the contract, corresponds to the proportion of the service provided until you informed us about your revocation.
8.1 The users’ blog contents and comments are considered to be third-party contents. We do not control contents of our users. The contents published by our users do not represent better-go-now’s opinion.
8.2 Your contents are posted for your own purpose. You are solely responsible for the contents published and shared on your account.
8.3 If we gain knowledge of unlawful use, inaccuracy of contents, or other violations of any applicable law or third-party rights, we control the lawfulness and accuracy of the said contents published by the respective user. We will immediately intervene without unnecessary delay in the event of concrete evidence of misuse by providing unlawful contents.
8.4 The blog contents make no claim to completeness, accuracy, objectivity, topicality or validity.
8.5 You may not provide contents under your user account which are protected by copyright without being authorized to dispose. You are only allowed to provide contents of your own property, unless you are authorized to dispose.
- Contents Rights and Guaranteed Bond for the Granting of Rights
9.1 The contents and works we provide on our portal are subject to Austrian Copyright Law. Copying, modifying, distributing, and any exploitation of the contents outside the boundaries of copyright law require the permission of better-go-now.
9.2 In terms of published information and blog contents as well as so far users have access to data bases thanks to the portal’s services and functions, we confer a non-absolute right for the use of the contents published on our portal. The user has the right to use information and blog contents on our portal as well as the content of our data base for the purpose of conducting researches, and to use the results for his / her own use, to carry out his / her professional duties, or ¾ as long as he / she does not aim at promoting his /her own interests ¾ to share them on social networks. The user may not provide others with information from the data base or make information available to the public or disseminate it on other media without a written permission of better-go-now.
9.3 We and our legal successors reserve a perpetual, gratuitous and non-exclusive right of use, without any limitations in time, space and content, regarding the material and its single elements (such as blog contents, comments, texts, photos, graphics, and videos) published under the user account and provided on our portal. This said right of use is valid for all present and future forms, techniques, and ways of use and includes the right of processing by any analogue or digital means which are available now or which will be available in the future.
Therefore, we reserve the right to use the material published under the user account and provided on our portal, (i) for our own commercial purposes and for the advertising of third parties, (ii) to provide it to the public, and (iii), in general, to authorize third parties to use the material published under the user account and provided on our portal for their own use, to carry out their professional duties, or to share it on other social networks.
We reserve the right to claim, in our sole discretion, this right of use.
9.4. You waive the right of indication as creator and identification as author.
9.5 Our rights regarding the contents remain unaffected in the event of termination of the agreement by us or the user, or in case of cancellation of contents by the user.
9.6 If the user is not the holder of the exclusive right of a published content, he / she warrants (§ 880a, Austrian General Civil Law Code) towards better-go-now (i) that the person authorized to dispose the content agreed on the transfer of rights in accordance with point 9.3, and (ii) to hold better-go-now harmless if third parties claim their rights due to violations of copyright or the right of use as author.
9.7 If the user provides our portal with photos, which he / she published under his / her user account, he / she warrants (§ 880a, Austrian General Civil Law Code) towards better-go-now that neither the use of the photos in accordance with 9.3 nor the photos themselves infringe the rights of third parties, and the user is authorized by the photographed persons to dispose these photos ¾ in particular in the context of advertising (in accordance with point 9.3 mentioned above) ¾ to the public.
9.8 If you become aware of any violations of copyrights, please let us know. For the purpose of informing us about infringements, we provide a contact form.
10.1 Better-go-now’s liability towards consumers is subject to the consumer protection law. Fault-based liability, with the exception of personal injury or breach of contract by us (in this case, liability in ordinary negligence is accepted), is limited to willful intent and gross negligence.
10.2 Better-go-now’s liability towards entrepreneurs is subject to the consumer protection law. Fault-based liability is limited to willful intent and gross negligence. With exception to willful intent, the liability is limited to an amount of 3,500.00 Euros and excludes any lost profits, consequential damages, pure financial losses as well as indirect damages. Furthermore, the liability in accordance with the Product Liability Act is hereby waived.
10.3 You hereby warrant (§ 880a, General Civil Law Code Austria) towards better-go-now that the material, which is provided under your user account, does not infringe third-party rights, and the intellectual property rights, in particular right of use, personal right, as well as trademark right, of all contents (photos, texts, videos, etc.), which are published under your account, belong to you.
10.4 You are solely responsible towards better-go-now and third parties for all contents which are posted under your account. You hereby indemnify, including all legal costs involved, and hold better-go-now harmless if third persons claim their rights towards better-go-now due to unlawful contents provided by you.
- Advertising Contents
11.1 We provide third-party advertisements. The portal’s advertisements are provided by third parties and, therefore, do not represent binding offers by better-go-now. Such offers are advertisements / advertising of the advertiser.
11.2 Within this context, a potential contract and all contractual obligations arising from it are exclusively concluded between the advertiser of the advertisements / advertising and the user, who wants to make use of the offers presented in the advertisements / advertising. The user’s communication or business relationship with commercial suppliers or other third parties, which are announced or conveyed within the scope of our portal, in particular payment, delivery of goods, and services, as well as any contractual obligations, warranties, or guarantees linked to such business, concern exclusively the relationship between the user and such third parties.
11.3 We are not responsible or liable for any losses or damages arising from such business or for the presence of such suppliers regarding services.
- Links and Integration of Contents of External Offers
We provide links to external third-party websites which are out of our control. Therefore, we are not responsible for such external contents. Solely the respective suppliers or providers of those websites are responsible for the contents of those external website. We are not obligated to permanently control the contents of those external websites. We control such contents in case of complaints if there is concrete evidence of an infringement. We immediately intervene, within at least seven days, in the event of concrete evidence of an infringement by such external websites.
12.2 Hyperlinks which lead to our website are welcome.
12.3 You may not integrate single web pages or passages of better-go-now’s offer in foreign frames.
13.2 You hereby agree until further notice that better-go-now is authorized and entitled to accede, independently of any legal obligation, the requests for information by third parties, courts, or authorities about your name, address, date of birth, residence, user account, creation and usage of your user account, and published contents provided under your user account.
14.1 We reserve the right to change this ToU. Existing contracts are affected by these changes if the contract had been signed four months before the changes entered into force. Within the scope of this contractual point, no charges for our services and functions, which had been gratuitous until then, can be justified towards the user.
14.2 Changes are announced by email two weeks (response time) before the changes enter into force.
Content and date of entry into force have to be clearly indicated. If you don’t agree to the changes, you can terminate the contract until the entry into force under your user account without bearing any costs or observing any notice period.
14.3 If you do not terminate the contract in this manner within the response time, the changes apply also to you. We will draw particular attention to the impacts of your conduct, while informing you about the changes.
- General Rules and Regulations
15.1 This ToU is subject to Austrian Law with exception to the norms which refer to private international law (1980 Rome Convention on the Law Applicable to Contractual Obligations, Rome Regulation No. 1 etc.) and UN sales law. This regulation is applied only as far as no obligated applicable legal provisions of the state where you reside, or where your habitual abode is, are restricted.
15. If the user is an entrepreneur, for all potential disputes applies only the local jurisdiction of the responsible court for the place of business of the entrepreneur as agreed. The preceding provisions in terms of contractual relationships with consumers in accordance with the Consumer Protection Act only apply insofar as they do not prescribe any