General Terms and Conditions of myCulture GmbH

General

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1.1. Scope. The following general terms and conditions (the “Terms of Use") apply to the use of the mobile and web-based myCulture app (the "app"). myCulture GmbH (company registration number FN 577479 i; Carlbergergasse 97/40, 1230 Vienna) offers the use of the app and related services exclusively subject to these terms of use. The terms of use apply to consumers. This User Agreement does not create any agency, partnership, joint venture, employer or employee relationship between the user and myCulture. The version of these General Terms and Conditions valid at the time the contract is concluded is relevant. The current version of the General Terms and Conditions can be accessed and saved on the website at https://myculture.app/agbs and during registration in accordance with point 2.2

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1.2. Range of services. The app is provided and operated by myCulture GmbH and enables users

• an overview of current exhibitions and other events (such as workshops, lectures, exhibition openings,etc.) (the “Events“) in selected museums;

• electronic tickets (the“E-Tickets") for exhibitions and other events (such as workshops, lectures, exhibition openings, etc.) (the "Events“) can be purchased directly from Austrian museums;

• Reminders about offers marked by users;

• Access to curated information about selected artists and topics.

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1.3. Scope of services.  You can access the following services via the app's user interface:

• change master data and password;

• set and reset preferences;

• Rate an app;

• Request a data extract;

• Overview of events;

• Discovering museums, artists and themes;

• marking exhibitions;

• Purchase and retrieval of e-tickets.

(the “Services”)

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1.4. Service processing.  myCulture GmbH is not the organizer of the events offered in the app. The events are organized and carried out by the respective museum. myCulture GmbH only acts as a mediation platform. The purchase contract for e-tickets is concluded between the customer and the respective museum organizing the event. The business transaction also takes place between the customer and the respective museum. Accordingly, it is not myCulture GmbH, but the respective museum that is responsible for providing the contractually agreed service. The customers' contractual partners in the context of ticket purchases are exclusively companies

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1.5. Changes.  myCulture expressly reserves the right to change the services offered.

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1.6. Language. For reasons of better readability, the language forms male, female and diverse (m/f/d) are not used at the same time. All personal names apply equally to all genders.

 

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2. Use of the app

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2.1. General. In order to use the app's services, registration/login and the user's agreement to these terms of use are required. Only natural persons who are of legal age and have unlimited legal capacity are eligible to register. Only one registration is possible and permitted per user.

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2.2. Registration. Registration is possible via the app, Google and Facebook and takes place in 5 steps:

• Query for first and last name, gender, email address, date of birth (optional), home address;

• Entering and confirming the password;

• consent to the application of the Terms of Use and the Privacy Policy;

• Sending a confirmation link to the email address provided by the user;

• Entering the verification code in the app registration process.

The registration process is completed when the user enters the verification code in the app.

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2.3. Conclusion of contract. When the customer registers in the app, a contractual relationship is created between myCulture GmbH and the customer (contract).

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2.4. Contract duration. The contract between myCulture GmbH and the user is concluded for an indefinite period of time.

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2.5. Completion. The user is entitled to terminate the contractual relationship at any time by deleting the user account. myCulture GmbH is entitled to terminate the contractual relationship with a notice period of one month on the last day of each month. The right of myCulture GmbH to immediate extraordinary termination for good cause remains unaffected by the above regulations.

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2.6. Cost. Using the app is free.

 

2.7. Data. The (contact) data requested during registration must be provided completely and correctly by the user. myCulture GmbH reserves the right to check the accuracy of the (contact) data in individual cases. Any changes to the user’s (contact) details must be made in the app.

 

2.8. Use. The use of the app is intended for private and non-commercial use.

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2.9. Security. It is your sole responsibility to ensure that the app is used exclusively by the user. The user must treat the access data (password, user name) as strictly confidential and protect them from unauthorized access by third parties. If there is a fear that unauthorized third parties have gained or will gain knowledge of the user's access data, the user is obliged to change his password immediately and to inform myCulture GmbH immediately in writing. If the user passes on the access data (password, user name) to third parties, he is liable to myCulture GmbH for all damage caused thereby.

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3. Ticket purchase

 

3.1. General. Users must be registered and logged in to the app to purchase tickets. Depending on the event, a limited number of tickets will be available for sale.
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3.2. Conclusion of contract. The contract for the purchase of tickets is concluded exclusively between the ticket provider (museum) and the user. myCulture GmbH is a mere intermediary without being a contractual partner and is therefore not involved in the conclusion of the contract. The user is obliged to find out about the general terms and conditions and fees of the ticket provider before purchasing a ticket.
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3.3. Ticket purchase. The ticket purchase starts by selecting the “Buy a ticket” window. The user must then specify/select the day of the visit, the time window, the number of visitors as well as the name and ticket type. The user then selects a payment option and enters the relevant payment information. Credit card payment is available to the customer as a payment option. All prices include statutory sales tax.
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3.4. Payment processing. Payment processing for ticket sales completed via the App is handled by Stripe Technology Europe, Limited (the “Payment service provider“) subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/at/legal/ssa. The payment service provider provides money transfer services to enable the purchase and sale of e-tickets via the contractual app. The data required for payment processing, namely first name, last name, email address, amount to be paid, credit card number, CVC, credit card validity and assignment to the order are transmitted to Stripe by myCulture GmbH.
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3.5. Resale. Any resale of the e-tickets is prohibited.
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3.6. Ticket creation. The e-ticket is stored in the app and can be accessed via the “Entrance tickets” menu item.

3.7. Cancellation. Purchased tickets cannot be canceled by users. No refunds will be made. If tickets are canceled by the museum, the ticket amount will be refunded within 4 weeks to the customer's credit card used to pay the ticket price.

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4. Warranty/Liability

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4.1. Availability. myCulture GmbH endeavors to keep the contents of the app and the services technically accessible, but assumes no liability for any interruptions, disruptions, deletions, incorrect transmissions, external server failures, technical Internet failures, illegal interventions in the user's or a computer system third parties as well as damages or additional costs of replacement procurement and/or other technical defects caused by systems and transmission networks accessible to everyone, which are not within myCulture GmbH's sphere of influence and therefore not myCulture GmbH's responsibility. In this case, the user declares that he will not assert any warranty and/or compensation claims against myCulture GmbH. In any case, use of the Internet is at the user’s own risk.

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4.2. Limitation of Liability. Claims for damages against myCulture GmbH, its employees and/or vicarious agents are excluded unless they are due to intentional or grossly negligent actions. Liability for personal injury is excluded from this. Regardless of this, myCulture GmbH's liability for data loss, consequential damage or loss of profit is in any case excluded. myCulture GmbH has no influence on any postponements, cancellations and ticket cancellations of events held by the respective provider and assumes no liability for this.

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4.3. Disclaimer. myCulture assumes no liability for the accuracy, completeness and/or topicality of all information provided and available within the content. The content of information provided on linked sites is not checked by myCulture GmbH for accuracy, completeness and/or topicality. Liability for the content of linked pages is expressly excluded.

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5. Protection of Content

 

5.1. Property rights. All rights to the app, such as trademarks, company name, structure of the website, images, logo, design, own content and functions (the “intellectual property”) are and remain exclusively the property of myCulture GmbH. This User Agreement does not grant or transfer any ownership or license rights to the intellectual property. The content available on the app is protected by copyright or other intellectual property rights and is the property of myCulture GmbH or third parties who have made the respective content available. The compilation of the content as such is protected as a database or database work.

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5.2. Use of Content. Contents of the app may only be used for your own use in accordance with these terms of use and within the framework specified on the app. In this case, too, all rights to the app remain with myCulture GmbH.

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6. Data protection

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6.1. General. The protection of users’ personal data is a top priority for myCulture GmbH. User data is processed exclusively in accordance with the General Data Protection Regulation (“GDPR”) and the relevant national data protection regulations.

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6.2. Data protection. For further information, please refer to the data protection declaration of myCulture GmbH. The current version can be accessed when registering in the app or on the myCulture GmbH website at https://www.myculture.app/datenschutzklarung. The data protection declaration forms an integral part of these terms of use.

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7. Right of withdrawal FAGG

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7.1. Right of withdrawal. The consumer can withdraw from a distance contract or a contract concluded outside of business premises within 14 days without giving reasons. The withdrawal period begins on the day on which the consumer or a third party named by the consumer who does not act as a carrier acquires possession of the goods. The declaration of withdrawal is not tied to any specific form. For this purpose, the consumer can use the model cancellation form in accordance with Annex I Part B Annex Roman One Part B of the FAGG, which is also available for download on the myCulture website at https://myculture.app/agbs 7.3. Model cancellation form. The withdrawal deadline is met if the declaration of withdrawal is sent within the deadline. If the customer revokes the contract, myCulture must repay all payments made by the customer in this context no later than fourteen days from the day on which notification of the revocation of the contract was received by myculture. The same payment method used by the customer to pay when concluding the contract will be used for the repayment.

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7.2. Exception to the right of withdrawal.  The consumer has no right of withdrawal from distance selling or off-premises contracts for services provided in connection with leisure activities (§ 18 Paragraph 1 Z 10 FAGG).

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7.3. Model cancellation form. (If you wish to revoke the contract, please complete this form and send it back)

– To myCulture GmbH, Carlbergergasse 97/40, 1230 Vienna, hello@myculture.app:
– I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()
– Ordered on ()/received on ()
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for communication on paper)
– Date

(*) Delete as appropriate.

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8. Applicable law, place of jurisdiction and other provisions

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8.1 Changes to the Terms of Use.  myCulture GmbH reserves the right to change these terms of use at any time. The changes will become effective if myCulture GmbH points out the changes, the user has the opportunity to take note of the changes and does not terminate the contractual relationship in writing within a 30-day period and/or delete their user account.

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8.2. Applicable Law.  These terms of use are subject – to the extent permissible – to Austrian law to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.

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8.3. Place of jurisdiction. The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the app is, to the extent that such a place of jurisdiction agreement is permissible, the competent court in Vienna. The statutory places of jurisdiction apply to legal disputes with consumers within the meaning of the KSchG.

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8.4. Severability clause. If any provision of these terms of use is or becomes invalid or unenforceable, the legal validity of the remaining provisions remains unaffected. Instead of the invalid or unenforceable provision, an effective and enforceable provision that comes as close as possible to the invalid or unenforceable provision will be deemed to be agreed, which economically comes closest to the provision originally intended by the parties.