Youscrim GmbH, represented by the managing director Dustin Zander (hereinafter referred to as “Youscrim), offers interested parties the option of becoming a member of the e-sports club. This membership offers members a service in the form of online coaching support.
(§1) CONTRACTUAL OBJECT
Youscrim concludes a membership contract (§ 3) with its members on the terms of these GTC. In return, the member is obliged to pay a membership fee (§ 6).
Youscrim will always endeavor to provide a regular and as broad and varied range of services and third-party services as possible. However, the members have no entitlement to a minimum number, a minimum scope of offers or a specific type, form or quality. In addition to these GTC, the respective published conditions and reservations apply to the offers.
(§2) SCOPE OF APPLICATION AND CHANGES TO THE GTC
The terms and conditions regulate the contractual relationship between Youscrim and the members. Contracts for external services between members and partners are not part of the terms and conditions. Partners include companies such as payment service providers. These GTC apply to the use of the platform or service as well as to the membership contract concluded on the basis of registration.
A change to the contract at the instigation of Youscrim requires that the intended change be offered to the member in the form provided for in Art. 246b EGBGB no later than two months before the proposed effective date. The parties agree that the member’s consent to a change according to sentence 1, which does not significantly affect the equivalence relationship to the detriment of the member, shall be deemed to have been granted if the member has not declared his rejection to Youscrim in text form before the specified effective date of the change. The member is entitled to terminate the contract without notice before the proposed effective date of the change. Youscrim is obliged to inform the member with the offer to change the contract of the consequences of his silence and of the right to free and immediate termination.
Youscrim is entitled to unilaterally change or supplement the content of the contract as well as these GTC, insofar as this is necessary for legal reasons, or the changes or supplements are only legally advantageous for the member.
(§3) CONCLUSION OF THE MEMBERSHIP AGREEMENT
The services under (§4) can only be used after prior registration and creation of a user profile on the platform. A user’s application for registration is made by clicking on the “Register” button. The application is accepted by means of a declaration of acceptance by Youscrim to the applicant in text form. The membership contract is concluded when Youscrim accepts the registration application.
There is no right to registration. The acceptance of the offer to conclude the membership contract is at the discretion of Youscrim. Youscrim can also make the acceptance of the offer subject to further requirements (e.g. checking the registration data).
Only a natural person who has reached the age of 16 can be a member. If a company wants to set up a membership contract for employees, a personal membership account must be set up for each employee. Separate agreements between Youscrim and the company (e.g. company framework agreements) may contain additional or different provisions.
The member is obliged to treat the personal access data, including user ID and password, confidentially and not to make them accessible to third parties. If the member suspects that his password or his member account has been misused, he must notify Youscrim immediately.
The personal data saved during registration are saved by Youscrim so that the member can access the member account at any time with their access data. The handling of personal data is regulated in Youscrim’s data protection declaration.
The Membership Account and Membership Agreement are personal and non-transferable.
Youscrim offers customers the opportunity to use services in the form of online coaching and support. After the conclusion of a membership contract, members are not automatically entitled to the quality or timing of the settlement.
After successful registration, the member must contact Youscrim in order to discuss how to proceed. This includes the agreement with the member regarding individualized social media graphics as well as the further procedure in relation to the integration into the Academy team structures.
Customers have no say in how the service should be handled. Members can still raise suggestions or concerns at any time. In addition, the member is obliged to cooperate with the organization and the assigned trainer in the best possible way in order to ensure that the service runs smoothly.
Youscrim offers Academy Team members a permanent place within a team organized by Youscrim. The limited number of places within the teams will be communicated in advance, so it is clear that there is no automatic right to a place within a team. Youscrim reserves the right to transfer, rotate or remove members within the Academy teams for any reason. These moves will be communicated in advance by the assigned trainer or Youscrim.
Members are not entitled to a minimum number of hours of play within team training sessions. The coaches try to let all members play as much as possible.
(§5) AVAILABILITY OF THE PLATFORM
Youscrim operates the platform within the scope of its technical possibilities. The member has no right to error-free and uninterrupted use of the platform at all times or to a specific availability. Youscrim will make every effort to restore usability as quickly as possible in the event of a system failure.
(§6) PAYMENT TERMS
The member is obliged to pay a monthly fee, the amount of which depends on the tariff chosen. The fee is due in advance on the 3rd day of the membership month.
The Member can meet its monthly payment obligation by paying by credit card or other payment methods made available on the Youscrim website, such as PayPal. When paying via Paypal, the collection is made by our external partner PayPal (Europe) S.à.r.l. et Cie., S.C.A., 22-24 Boulevard Royal, L- 2449 Luxembourg, from the PayPal account specified in the ordering process. The member authorizes PayPal to collect payments due on behalf of Youscrim. The member can change the payment method stored in his member account at any time.
(§7) OBLIGATIONS OF THE MEMBER
The member undertakes to Youscrim not to publish any posts or send messages on the platform or in the forum, the content of which violates the rules of netiquette, these terms and conditions, common decency or applicable law. The members are required to maintain a polite tone with one another.
The member undertakes to follow the house rules.
REPRODUCTION OF PERSONAL DATA IS PERMITTED TO MEMBERS ONLY WITH THE EXPRESS AUTHORIZATION OF THE PERSON CONCERNED. EACH MEMBER IS REQUESTED TO NOTIFY YOUSCRIM VIA THE CONTACT FORM IF MEMBER BECOMES AWARE OF A VIOLATION OF THE ABOVE.
(§8) REASONABLE SUSPECT OF IMPROPER USE BY A MEMBER
If Youscrim has reasonable grounds to believe that a Member has breached any contractual obligation, Youscrim may – without proof of breach of duty – at its reasonable discretion and after considering the legitimate interests of the Member, take the following interim measures pending clarification whether and whether there is a violation:- Youscrim may temporarily remove or hide posted content, – Youscrim may block or restrict the member’s access to the portal and temporarily, fully or partially exclude the member from using the portal, – Youscrim may stop the provision of own services and may request partners to suspend third-party services.
Should Youscrim take an interim measure under paragraph 1, Youscrim will immediately
– endeavor to clarify whether there has been a breach of duty,
– give the member the opportunity to comment in text form and
– After the check has been carried out, lift provisional measures if a breach of duty cannot be determined.
(§9) LEGAL CONSEQUENCES OF A MEMBER’S BREACH OF OBLIGATIONS
If a member is in arrears with the payment of the membership fee, Youscrim is entitled to exclude the member from further use of the portal and from the use of services for the period of arrears.
Youscrim can terminate the membership contract without notice if there is an important reason that makes it unreasonable for Youscrim to continue the membership contract, also taking into account the legitimate interests of the member. An important reason exists in particular,
– if the member intentionally provides false personal, contact or payment data or otherwise deceives about his identity (e.g. by uploading a profile picture that shows a person other than the member),
– if the member allows a third party to use their member account or provides a third party with unauthorized access to partner services,
– If the member is in arrears with the payment of the membership fee or a significant part of the membership fee for two consecutive dates, or in arrears with the payment of an amount of the membership fee for a period that extends over more than two dates who reaches the membership fee for two membership months,
– when a member whose membership has been terminated by Youscrim re-registers using different personal information, contact details or payment details,
– in case of gross misconduct by the member towards partners, operators or other members.
If the important reason is the violation of a contractual obligation, the termination is only permissible after the unsuccessful expiry of a reasonable period set for remedy or after an unsuccessful warning, unless this is due to the special nature of the individual case (§ 323 Para. 2 and 3 of the Civil Code) dispensable. The determination of a period for remedy and a warning are also unnecessary if there are special circumstances that justify the immediate termination after weighing the interests of both parties.
Youscrim’s right to extraordinary termination for another important reason remains unaffected.
In the event of a provisional exclusion or an extraordinary termination, further claims of Youscrim remain unaffected.
(§10) LIMITATION OF LIABILITY
Youscrim is liable for damage to the member caused by Youscrim, its legal representatives, its executive employees or its vicarious agents and
– which are based on intent or gross negligence,
– which are based on injury to life, limb or health or
– which have arisen as a result of a breach of an obligation which is essential for the achievement of the purpose of the contract. In this case, liability is limited to the foreseeable damage typical of the contract.
Youscrim is also liable for damage to the member that is based on the violation of a guarantee given by Youscrim or on organizational fault.
In cases other than those mentioned in paragraphs 1 and 2, Youscrim’s liability – regardless of the legal basis – is excluded. Subject to paragraph 1, Youscrim assumes no liability for the contributions, news and ratings posted by members on the portal; for the offers and implementation of external services as well as for the content posted by partners and linked pages or for the fact that contracts concluded between partners and members are carried out in accordance with the contract.
(§11) CONTRACT DURATION, TERMINATION, BREAKS, REVOCATION
The membership contract is concluded for an indefinite period.
For an ordinary termination, the notice period is one month to the end of a membership month.
THE RIGHT TO EXTRAORDINARY TERMINATION FOR GOOD REASON REMAINS UNAFFECTED. TERMINATION MAY BE DECLARED THROUGH THE USER PROFILE ON THE PLATFORM IN ACCORDANCE WITH THE INSTRUCTIONS THERE. FOR THE DECLARATION OF TERMINATION, A NOTICE IN TEXT FORM IS SUFFICIENT: YOUSCRIM GMBH, IM MEDIAPARK 5, 50670 COLOGNE. IF THE END OF THE MEMBER MONTH FALLS ON A PUBLIC HOLIDAY, SUCH DAY SHALL BE substituted for the NEXT BUSINESS DAY. FOR THE TIMELINESS OF THE TERMINATION, IT DOES NOT DEPEND ON THE SENDING, BUT ON THE RECEIPT OF THE TERMINATION AT YOUSCRIM.
With the effectiveness of the termination, all rights and obligations from the membership contract are no longer applicable.
The member has a statutory right of withdrawal. With regard to the requirements and legal consequences of the revocation, reference is made to the revocation instructions.
These GTC and the membership contract are subject to German law.
If a provision of these terms and conditions is ineffective, the remaining provisions remain unaffected.
RIGHT OF CANCELLATION
RIGHT OF WITHDRAWAL
If you are a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
IN ORDER TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST LET US (YOUSCRIM GMBH, ADDRESS: IM MEDIAPARK 5, 50670 COLOGNE, GERMANY, E-MAIL: INFO@YOUSCRIM.DE) BY MEANS OF A CLEAR STATEMENT (E.G. A LETTER SENT BY POST, TELEFAX OR E- MAIL) OF YOUR DECISION TO CANCEL THIS AGREEMENT. YOU MAY USE THE ENCLOSED SAMPLE CANCELLATION FORM, BUT THIS IS NOT MANDATORY.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
SAMPLE CANCELLATION FORM
(If you want to revoke the contract, please fill out this form and send it back.)
To Youscrim GmbH,
Address: Im Mediapark 5,
50670 Cologne, Germany,
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 consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is made on paper)
(*) Delete where not applicable.