General Terms and Conditions, Cancellation policy
OGLabs Germany UG (limited liability), An den Wachsbleichen 23, 96052 Bamberg, Germany, is hereinafter referred to as "OGLabs Germany"/"Operator" and is the operator of BingoJo, which is hereinafter referred to as "game" or "BingoJo". All services provided in the context of the game will only be provided on the basis of the General Terms and Conditions defined here.
§1 – Scope of Application
1. These General Terms and Conditions apply to all services and offers provided by OGLabs Germany.
2. The contractual conditions of users are hereby expressly contradicted. Terms and conditions of users only apply if OGLabs Germany expressly agrees to them in writing.
3. In addition to the General Terms and Conditions, the rules of the game listed separately in the game also apply.
4. The General Terms and Conditions will be published in the game as well as in all other offers made available.
5. The user may save the General Terms and Conditions either on his computer or in an external data memory or print them.
6. By registering (filling out an online form for account creation or using a connect function such as Facebook Connect) for the game and by logging in to the game, the user agrees to the General Terms and Conditions of Use.
7. The General Terms and Conditions apply to all users of BingoJo.
8. The contract of use begins with the registration and ends with the account deletion; this can be undertaken by the user as well as by the operator.
9. By registering, the user confirms that he or she is of legal age and legally competent or, in the case of minors, that the legal representative has given his or her consent. In addition, the user confirms that the data provided during registration is complete and correct.
10. The services and offers provided by OGLabs Germany are exclusively for consumers as defined in §13 BGB (German Civil Code). The use of the services and offers for commercial or other purposes is excluded.
11. OGLabs Germany reserves the right to amend or modify the General Terms and Conditions of Use at any time. Any changes or additions will always be communicated to the user in an appropriate manner: either in the form of an e-mail notification or via in-game banner. The user has the possibility to object to the changes in writing to OGLabs Germany UG within one (1) month. If the user does not submit an objection or continues to use the product, he automatically agrees to the amended or modified General Terms and Conditions of Use. Should the user object to the amended or supplemented General Terms and Conditions of Business and Use, both parties have the option of terminating the contract/the user relationship. The previous version of the General Terms and Conditions of Use shall continue to apply until termination.
12. The user is advised to inform himself/herself regularly and independently about the General Terms and Conditions of Use.
§2 – Scope of Services and User Obligations
1. OGLabs Germany enables the user to participate in its services, performances and offers.
2. The user is responsible for the technical requirements for participation. Use of the services is only possible with the help of an appropriate account during the game.
3. The software required to play the product is not provided by OGLabs Germany and OGLabs Germany does not assist the user in this. The user is responsible for his own computer and is obliged to maintain it so that he can use the product.
4. The sale/rental or transfer of the user account to third parties is not permitted.
5. The user is obliged to keep his password strictly confidential. Should the user become aware that third parties have access to his/her account, this must be communicated to OGLabs Germany immediately.
6. OGLabs Germany is not liable for emails with malware which were sent in the name but not by OGLabs Germany/BingoJo. The user is always responsible for checking e-mails accordingly.
7. The user agrees not to spread advertising, political, religious, insulting, violent, pornographic or other morally reprehensible or offensive, racist, as well as right or left extremist contents.
8. The data provided by the user on the product is publicly accessible worldwide; the user agrees to this. By posting information, the user grants OGLabs Germany a royalty-free right to publicly display and distribute these data.
9. OGLabs Germany is entitled to delete messages from the user if a rule violation is detected.
10. The user only receives the right to use the respective current version. The user has a valid claim to the maintenance of the game version which was offered at the time of his registration or before/after his registration.
11. OGLabs Germany has the right to extend the game with new functions or to change, adapt or update existing functions at any time.
12. OGLabs Germany offers the game in a free basic version as well as a premium version. With the latter, the user can purchase additional functions (see §4).
13. The user has no right to participate in the game.
14. OGLabs Germany does not guarantee that the service/the services provided/the offers meet the requirements/expectations of the user.
15. OGLabs Germany hereby informs that no continuous availability of the Service is guaranteed. OGLabs Germany ensures an annual average availability of ninety percent (90%). Maintenance work, which leads to a non-accessibility of the service, as well as events (force majeure, fault of third parties), which do not lie in the area of responsibility of the operator, are excluded from this regulation.
16. If scores are lost due to an error, OGLabs Germany is not liable for this loss and there is no claim for restoration or replacement. If too many items (e.g. tickers, coins) have been credited due to an error, OGLabs Germany has the right to cancel these transactions.
17. OGLabs Germany reserves the right to discontinue individual game worlds or the complete offer/service at any time without giving reasons. Should this occur, the user may request a refund for premium currency already purchased; however, this only applies to premium currency that has not yet been used in the game. No further claims exist.
18. The user is prohibited from using programs that endanger or interfere with the service or influence the game (bots, macros, etc.). Furthermore, bugs or errors may not be exploited, but must be reported to game support immediately. The use of proxies/anonymization services is prohibited.
19. OGLabs Germany usually communicates with the user via Facebook Messenger or e-mail. If the user contacts us, he/she must provide his/her user name, user ID and e-mail address.
20. OGLabs Germany merely provides a platform for communication between users. The respective user is responsible for the content of the communication. OGLabs Germany has no control over the content posted and no verification takes place prior to publication. Any liability for these contents is excluded.
§3 - Membership / Conclusion of Contract
1. The contract/membership in the game starts from the moment when the user successfully created an account and is valid for an indefinite period of time. This may be done by filling out an appropriate registration form or using a Connect function such as Facebook Connect.
2. The user must fill in all fields correctly and completely. By submitting the user agrees to the conclusion of a game usage contract. The contract comes into effect as soon as the user gains access to the game; this can, but does not have to, take place directly after registration.
3. The user has the option to cancel his membership at any time by sending an e-mail to firstname.lastname@example.org. There is no entitlement to membership.
§4 – Premium Functions and Membership
1. With the purchase of premium currencies or functions, the user receives the right to use these "features" (additional advantages / functions).
2. The scope and type of the respective functions are described in the game and can be found there.
3. It can be both functions for certain periods of time or unique functions.
4. OGLabs Germany reserves the right to change individual functions, add new functions or offer existing premium functions in the free basic membership.
5. The user has no claim to the offer of certain functions.
6. If the user has purchased a premium function which is no longer available due to an update, the user will be refunded pro rata temporis/goods not yet used in the game. It either be in the form of comparable in-game features or as a refund. Further claims of the user are excluded.
7. A transfer of premium currency or functions to another user account is not possible; the functions/currencies are always only valid for the account specified at the time of purchase.
§5 – Right of Revocation
The user has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise the right of revocation, the user must provide us with
OGLabs Germany UG (haftungsbeschränkt)
An den Wachsbleichen 23
Phone: +49171 / 478 59 85
by means of a clear declaration (e.g. a letter or e-mail sent by post) of his/her decision to revoke this contract. The user may use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient for the user to send notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If the user revokes this contract, both parties are obliged to return the services received and to surrender any benefits derived. Should the user not be able to return all purchased services accordingly, or only in a deteriorated condition, the user may have to pay compensation. This means that the user may not receive a full refund if the user has made use of the services prior to the declaration of revocation.
Note: Premature expiry of the right of revocation
The right of revocation expires prematurely if OGLabs Germany has begun with the execution of the contract after the user has expressly expressed the wish that OGLabs Germany should begin with the execution of the contract before expiry of the revocation period. This is to be assumed if the user has used the games and services or premium features and paid in full.
End of the revocation instruction
§6 – Terms of Payment and Right of Retention
1. OGLabs Germany is entitled to charge the corresponding fee in advance for the use of premium functions. OGLabs Germany provides various payment methods; the user has no right to certain payment methods or to retain them. The fee is collected accordingly by the user, depending on the payment method chosen by him.
2. Should OGLabs Germany be charged for refunds or cancellations, the user shall bear these costs. In addition, OGLabs Germany has the right to charge a fee of 10€ as processing fee. OGLabs Germany has the right to debit the customer.
3. OGLabs Germany is entitled to stop the services and to block the game account in case of default. This does not affect the user's obligation to pay the fee.
4. The user may only offset claims of OGLabs Germany with undisputed or legally binding counterclaims. The user can only exercise his right of retention if his counterclaim is based on the same contractual relationship. An assignment of the user's claims to third parties is excluded.
5. No service fee will be charged for the period of the blocked account. However, OGLabs Germany is entitled to charge a handling fee. A refund of already used/activated premium functions is not possible.
§7 - Claim for Defects
1. The game is always offered by OGLabs Germany in its respective version. The user has no claim to changes in the version or to the creation of a desired condition.
2. OGLabs Germany makes it clear that errors in the software / the game are not excluded and a product of this kind can never be completely free of errors (as is the case with all software). It is therefore only deficient if it is not playable in the long term. OGLabs Germany therefore assumes no warranty for any defects of the game.
3. Defects of which the user becomes aware must always be documented by the user and reported to OGLabs Germany.
4. OGLabs Germany does not assume guarantees in the legal sense, unless otherwise agreed in writing.
5. Errors caused by external influences (force majeure etc.) or operating errors of the user are generally excluded from claims for defects.
6. OGLabs Germany offers the game free of charge. Additional purchased content is also not downloadable but is always part of the game process that takes place online and is made available accordingly.
§8 - Liability and Liability for Links
1. OGLabs Germany shall not be liable for any damages other than those caused by gross negligence or intent.
2. In the event of slight negligence, OGLabs Germany shall only be liable in the event of breach of material contractual obligations. The liability of OGLabs Germany under the Product Liability Act and within the scope of § 44a TKG remains unaffected. In the event of a breach of cardinal or essential contractual obligations, the obligation to pay compensation is limited to the foreseeable damage. The foreseeable damage is limited to 30€ per account. A user may only have one account per game. The exclusions of liability also apply to employees, representatives and vicarious agents of OGLabs Germany.
3. OGLabs Germany hereby expressly dissociates itself from the content of links from games operated by OGLabs Germany. The operators of the linked pages are solely responsible for their content. OGLabs Germany assumes no liability for these contents and pages. OGLabs Germany will remove these links immediately upon becoming aware of any legal infringements.
§9 - Term and Cancellation
1. The user is entitled to cancel his participation at any time and without giving reasons and without observing a period of notice.
2. OGLabs Germany is entitled to terminate one or more services/offers at any time and without giving reasons and without period of notice.
3. If OGLabs Germany discontinues or terminates a service early and and a user has booked premium services beyond this period, the user will receive a pro rata temporis credit in the form of premium currency or a pro rata refund in excess of the amount paid beyond the termination period. Further claims of the user are excluded.
4. OGLabs Germany is entitled to terminate the contract for good cause if a user is in arrears with an amount of at least 5€ and does not pay despite two reminders. In addition, OGLabs Germany is entitled to terminate the contract if the user does not cease his misconduct despite a warning.
5. Both parties are still entitled to extraordinary termination for good cause.
6. If no termination can be carried out in the game, this must be sent to the operator in text form via email. An extraordinary termination must always include a statement of reasons.
7. The deletion of user data takes place with a delay of a few days for technical reasons.
8. The user has no claim to compensation if this termination was carried out by OGLabs Germany for good cause.
§10 - Final Provisions, Written Form and Severability Clause
1. There are no verbal collateral agreements. Changes or additions to this agreement, including changes to this written form clause, must be made in writing, unless a stricter form is prescribed by law.
2. Should any provision of these General Terms and Conditions of Use be or become invalid or impracticable, this shall not affect the validity of the remaining provisions. The contracting parties agree to replace invalid or unenforceable provisions with others that best meet the economic purpose intended by the contracting parties. The same procedure is to be followed in the event of a gap.
3. Notice in conjunction with Section 36, Par. 1, No. 1 of the German Law on the Settlement of Consumer Disputes (VSBG). We are not prepared to participate in a dispute settlement procedure conducted by an independent consumer arbitration service.
4. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the user resides remain unaffected by this choice of law.
5. The place of jurisdiction is always the registered office of OGLabs Germany.
Status: Mai 2018
OGLabs Germany UG (limited liability)
An den Wachsbleichen 23
Phone: +49171 478 59 85