TERMS OF USE

1. Scope and Validity

The BeerTasting App (“App”) is an offer of KALEA GmbH, Biberngasse 31, 5020 Salzburg (KALEA). The following terms and conditions of use and operation apply to the entire use of the App. Users of the app confirm that they have read the following terms of use and agree to them. References to persons refer equally to both genders.

2. Terms of use

Persons who have reached the age of 16 are entitled to use the facility.

3. Operation and description of the APP

The app offers a platform for beer rating. With the app, the user can view rat-ings for various beers, but also rate beers themselves. At the same time, the app lists what the user has rated and how, thus providing statistics on user behavior.

4. Note on fees

The user is responsible for the use of the application and for the fact that third parties may charge for the use of the application (such as Internet or call charges). Roaming charges may also apply when using the application abroad. To avoid additional costs, the user should first make sure that data roaming is disabled in the settings (Settings > General > Network) before traveling abroad. If data roaming is disabled, you can be sure that the device will not automatically connect to the Internet via the mobile network. All charges are the responsibility of the user.

5. Links

In the case of links, KALEA does not identify with the content of the linked pages. KALEA has no influence on the current and future design, content or authorship of the linked pages. Therefore, no liability is assumed for them. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable. At the time of setting the link, the content of the linked page was inconspicuous. Should any of the linked pages contain questionable con-tent, please inform us. In this case the link will be deleted.

6. Availability

The availability and function of the app depend on the operation and utiliza-tion of telecommunications equipment and servers, over which KALEA has no control. In this respect, it cannot be guaranteed that the app will be available at all times and in full, that all content will be permanently accessible and that all functions will be available around the clock. The user has no claim to avail-ability and no claims whatsoever arise for him in the event that the app is un-usable. Nevertheless, KALEA endeavors to enable the highest possible availa-bility of the app and the associated functions.

7. Liability

All contents of the app have been carefully checked. Notwithstanding this, KALEA cannot guarantee the accuracy, completeness and timeliness of the in-formation or the constant availability of the offer. Insofar as third-party ser-vices are integrated into the offer, the responsibility for such services lies ex-clusively with the third parties. In principle, KALEA is only responsible for con-tent that it has created, published and distributed itself. Liability is generally excluded, except in cases of intent or gross negligence. This applies in particu-lar to damages that may result from errors, delays, or interruptions in trans-mission, incorrect content, loss or deletion of data, viruses, or in any other way when using the app. However, it does not apply to personal injury.

8. Intellectual property

All contents of the app – in particular texts, images, logos, designs and graphics – are protected by copyright and are the intellectual property of KALEA. Any exploitation within the meaning of the UrhG (e.g. duplications, adaptations, publications) is only permitted with prior written consent.

9. Modification of the terms of use

KALEA reserves the right to change these terms of use at any time. In this case, the amended terms of use shall be deemed approved if the user does not object within 4 weeks. The user is advised that objection will result in the user no longer being able to use the app.

10. Duties of the user

The user undertakes to use this app exclusively in accordance with these con-ditions. In particular, the user is prohibited from:

  • to offend common decency with its usage behavior;
  • to violate industrial property rights, copyrights, personal rights, property rights or other rights of third parties;
  • to post content containing viruses, Trojan horses or worms or to carry out any other programming or reverse programming that may alter or damage the software;
  • enter, save or send hyperlinks or content to which he is not authorized, especially if such hyperlinks or content violate confidentiality obligations or are illegal;
  • to distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like, or to invite participation in lotteries, snowball systems, chain letters, pyramid games and similar promotions;
  • to transfer the App or parts thereof to data exchange platforms (except for backup purposes).

11. Consequences of a violation / exclusion from use

If the user violates these Terms of Use, he or she may be excluded from using the app or individual functions. If the violation results in damages, KALEA is entitled to claim damages.

12. Choice of law, place of performance, place of jurisdiction

Subject to mandatory consumer protection regulations, this contract shall be gov-erned exclusively by Austrian law with the exclusion of the UN Convention on the Sale of Goods.
Place of jurisdiction is 5020-Salzburg, Austria. For disputes arising from or in connection with these terms and conditions, the competent court of the pro-vincial capital Salzburg, Austria, shall have jurisdiction. This does not apply to consumers. For consumers, the place of jurisdiction shall be the user’s place of residence, habitual abode or place of employment, provided that these are lo-cated in Austria.

13. Severability clause

If individual provisions of these Terms of Use are invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid provi-sion shall be replaced by a legal provision intended for this purpose. The same applies to any loopholes.