Terms and Conditions
Preamble
devletics UG (limited liability), Weintrautstrasse 30, 35039 Marburg, operates an online platform “EINFACH KICKEN” via mobile app and on its websites.
With EINFACH KICKEN, creators can offer their football offers for booking. The most important functions include: the pricing of your offer, online payment, participant overview as well as direct access to and native integration into the SIMPLE KICKEN football community.
In addition, various football services can be searched for, booked and paid for online via the “EINFACH KICKEN” platform. These offers are carried out by the respective creators under their own responsibility in their own name and on their own account. “SIMPLY KICKEN” only supports creators with the clear presentation of the football offering, the distribution of it and the processing of bookings. It is important to emphasize that “devletics” does not post its own offers on the SIMPLE KICKEN platform, provide corresponding services or support the creator in fulfilling his offer.
Definitions of terms
- Offer: A football activity offered and carried out by a Creator, which can be coaching, kicking, courses, tournaments, etc.
- Platform: The SIMPLY KICKEN websites as well as the SIMPLY KICKEN application for Android and iOS.
- Creator: A self-employed person who lists their offers on the platform and processes them via it.
- Users: People, in particular consumers, who have registered with EINFACH KICKEN as well as simple visitors to the “EINFACH KICKEN” mobile app and the websites operated by “devletics”.
- Participants: Users who book offers listed on the platform.
- devletics: The devletics UG, owner and operator of the SIMPLE KICKEN platform and the SIMPLE KICKEN brand.
1. Scope. These terms and conditions regulate the legal relationships between devletics and the creator, including the creator's obligations towards the user. Any application of the Creator's general terms and conditions is excluded without the express written consent of devletics. Actions or silence on the part of devletics do not constitute acceptance of the Creator's general terms and conditions. These General Terms and Conditions also apply to future transactions with the operator, even if no express reference was made to them in individual cases. The current version of the General Terms and Conditions applies at the time of conclusion of the contract or future transactions.
2. Changes. devletics reserves the right to make changes to these terms and conditions unilaterally by digital announcement (without signature). The changes will take effect six weeks after announcement and apply to all matters between devletics and the creator, unless the creator objects in writing within this period by letter or email to info@einfachkicken.com. In the event of an objection or failure to disclose, the previous terms and conditions for current contracts remain valid.
3. Priority, interpretation. The legal relationship between devletics and the creator is based on the following legal bases: 1. Indispensability, 2. These General Terms and Conditions. In the event of contradictions between these legal bases, the primary legal base takes precedence over the subordinate ones.
Duties and responsibilities
4. Admission as a creator. After applying as a creator, devletics decides whether to be included on the platform. The activation of the creator profile on the platform is carried out by devletics as soon as all the necessary information has been provided by Creahave been provided and checked. Only after the operator profile has been activated can devletics release the creator's offer for bookings by users.
5. Accountability for information. The creator is responsible for ensuring that all information he provides is genuine, correct and up-to-date. This information includes, in particular, the freelancer ID, valid licenses and qualifications and personal information. The Creator is not permitted to add references to telephone numbers, third-party websites or other payment methods in descriptive texts. devletics is not obliged to monitor the data transmitted or entered by the Creator. The risk of any incorrect data transmission lies with the creator. devletics assumes no liability for the accuracy and completeness of the information provided by the creator on his own responsibility on the SIMPLE KICKEN platform (in particular prices and available times for the offer), or for incorrect or incomplete transmission of data. With regard to the latter, the creator is responsible for verification.
6. Transfer. Submitting booked offers to third parties or sub-employing other people to carry out the offer without the platform's prior consent is not permitted.
Booking, cancellation, compensation
7. Offer.
a) The creator undertakes, also towards devletics, to provide the user with his offer in accordance with the conditions/times specified in the booking via the SIMPLY KICKEN platform.
b) In order to avoid unwanted conflicts if the participant shows up unannounced or late, the Creator is obliged to always have the booked offer available until the end of the agreed date. This applies unless the Creator has been informed in advance that the user cannot keep the appointment.
8. Booking fee. For every booking made via the platform, there is a booking fee of 25 cents plus 8% of the participation fee for the respective offer. The creator has the option of covering the booking fee himself, passing it on to his participants or splitting it between himself and the participant as he wishes.
9. Fee Adjustment. The Platform reserves the right to adjust the booking fee at its sole discretion to compensate for the increased overall costs of providing the Platform. Any price changes will take effect no earlier than 30 days after notification by devletics and will apply from the next billing cycle.
10. Payment. The payment of the offer by the user to the creator is made via the platform to the creator's linked Stripe account. Other payment methods are not permitted.
11. Payouts and credits. The creator's credit is automatically paid out every month at the end of the month to the creator's bank account stored with the payment service provider Stripe. In order to process any refunds, the credit will be retained for at least 24 hours after the Creator's service has been completed.
12. Cancellation.
a) Cancellations by participants are possible up to 6 hours before the start of the offer for a fee of €1. In this case, the participant will receive a refund of the participation fee minus the cancellation fee of €1. Cancellations that occur later do not entitle you to a refund of the participation fee, unless the reason for the cancellation falls under the force majeure regulations. In the event of cancellation of the offer by the Creator, the Creator acknowledges that the platform is entitled to grant participants compensation in the amount of the participation fee plus an additional credit of between €5 and €15 in the interests of user satisfaction. This compensation is made at the expense of the Creator's credit on the platform.
b) If an offer is canceled by the Creator, the participants will receive a full refund of the participation fee. The Creator bears the costs of the resulting payment fees. The Creator undertakes to immediately mark and cancel any offers that fail on the platform.
13. Discounts. devletics is authorized to grant discounts on the prices set by the operator at its own expense, for example as part of voucher or other advertising campaigns, without prior consultation with the operator.
Rights
14. Rights devletics. devletics reserves the right to use the creator's photos, graphics, brands, logos and other copyrighted works that he has used or made available as part of his external appearance on the platform. This includes in particular the public presentation of the creator as well as internal sales and marketing activities such as advertising or online measures (e.g. meta tags or keyword advertising). Any revocation of this consent does not apply to videos or other information and advertising material that have already been created. Prior coordination of advertising measures with the creator is not necessary. devletics is entitled, but not obliged, to mention the name of the creator. The Creator warrants that this material is free of third-party rights that exclude or restrict unrestricted use by devletics for contractually intended purposes. Devletics reserves the right to translate the information provided by the Creator, shorten it (in particular the Creator's name) and adapt it to the standard maintained by Devletics (in particular by editing, possibly rejecting photos).
15. Creator's rights of use. The Creator has the right to indicate in his brochures, other publications and on his website that he is connected to the platform. For this purpose, the Creator is entitled to use the platform's intended logos.
16. Data protection. Personal data, including Creator and Customer data (location, email address, other content data, etc.), will be processed in accordance with the Privacy Policy. The data protection declaration is available at https://www.einfachkicken.com/privacy.
17. Reviews. The Creator irrevocably agrees that the ratings of his offer will be displayed by participants on the SIMPLY KICKEN platform. There is no right to display all reviews. In particular, devletics reserves the right not to publish reviews if manipulation is suspected and to disregard them when calculating the average grade. Creators are prohibited from recommending themselves, nor may they solicit third parties to provide reviews for a fee.
18. Violations. The platform reserves the right to temporarily or completely block a creator's account in the event of a violation of the Terms and Conditions, suspicious activity and serious or frequent complaints from participants. Unpaid credit will be checked and may be retained by the platform if there is a violation of the Terms and Conditions.
Other
19. Relationship between creator and user. The agreement regarding the respective offer that is booked via the SIMPLE KICKEN platform is concluded exclusively between the user who books the offer and the creator. The sole responsibility for compliance with relevant laws lies with the Creator. The role of devletics is limited to concluding a marketplace for the creator's offers with the user. devletics is in no way liable for the participant's behavior when taking advantage of the offer. It is the Creator's sole responsibility to assert all claims arising from the offer against the participant. If the participant nevertheless raises claims against devletics instead of against the Creator, the Creator releases devletics from all claims of the user due to any breaches of duty by the Creator, assumes the necessary and appropriate costs of legal defense and makes appropriate payments for this.
20. System failure. Creators and participants are not entitled to compensation in the event of disruptions to the platform. In the event that the disruption makes it impossible to carry out an offer that has already been booked, the participants in the offer will receive a refund of the full purchase price. The burden of proof lies with the participant. If the disruption to the platform or another claim is based on force majeure (e.g. power outage for which develetics is not responsible, hacker attacks), all liability is waived from devletics for the resulting consequences.
21. Changes to the Terms and Conditions. The Platform reserves the right to change these Terms and Conditions at any time. The Creator will be informed of any changes at least 30 days before they come into effect. Continued use of the platform after this period has expired constitutes acceptance of the changed Terms and Conditions.
Final provisions
22 .Prohibition of assignment of claims. The transfer of claims and other claims against devletics is not permitted.
23. Prohibition of unilateral offsetting. The creator is only entitled to set off unilaterally if his claim has been recognized or determined by a court.
24. Delivery of declarations. Declarations are deemed to have been delivered when they are sent to the last known address or email address.
25. Applicable law, place of jurisdiction. Exclusively German law applies, excluding the conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the contractual relationship, future contracts or other claims between devletics and the operator is the locally and factually competent court in 35039 Marburg.
26. Severability clause. In the event that individual provisions of this contract are or become wholly or partially ineffective or unenforceable, or in the event that this contract contains gaps, the effectiveness of the remaining provisions of this contract will not be affected. Instead of the ineffective, unenforceable or missing provision, such an effective and enforceable provision shall be deemed to have been agreed between the contracting parties with retroactive effect, as would have been agreed by the contracting parties taking into account the economic purpose of this contract if they had been informed of the ineffectiveness, unenforceability or lack of it when concluding this contract would have been aware of the provision in question. The contracting parties are obliged to confirm such a provision in the form provided.