HEYHOO - Terms and Conditions for Users
„T&Cs" are these terms and conditions of Heyhoo Events - Tamara Strika e.U. for the use of the HEYHOO Web Event platform “mediation of mobility services”
„Users" are individuals who have registered with HEYHOO to use its Web Event platform.
„Business Account“ describes a User account offered by HEYHOO to business customers. The employees of the Business Account User may then book business events.
„HEYHOO“ belongs to Heyhoo Events - Tamara Strika e.U., c/o Datscha-Projekt GbR, Neuer Kamp 32, 20357 Hamburg.
“Other services” is the possibility for the user to obtain and use further services of other providers cooperating with HEYHOO via the HEYHOO Web Event platform.
“Third party provider” are providers of the other services that are mediated through HEYHOO.
2. Scope of Validity
These T&Cs shall apply between HEYHOO as a Web Event platform and its Users to all contractual relationships between HEYHOO and its Users.
Upon registration and usage of the HEYHOO Web Event platform, the User declares that it accepts the validity of these T&Cs. In case the User does not wish to be bound by these T&Cs, or cannot validly declare consent, it shall not be permitted to use the HEYHOO Web Event platform.
Users’ own contractual or usage terms are explicitly not accepted.
The services mediated by HEYHOO is an independent service which is not provided or executed by HEYHOO but rather by the independent courier, delivery or catering company or other independent providers. The contract parties of those services are solely the User and the respective third-party provider of the services.
HEYHOO retains the right to modify these T&Cs with effect for the future. HEYHOO will inform the User in a timely manner regarding modifications. To this end, it is sufficient that HEYHOO notifies the User regarding the new T&C version via e-mail and/or via a notice in the HEYHOO Web Event Platform. Modifications only become part of the agreement when the User has accepted the same. Inasmuch as consent has not already been declared in the HEYHOO Web Event platform, the modifications shall be deemed accepted if the User does not challenge the modifications by e-mail within a month after receiving notice. HEYHOO will notify the User in the e-mail regarding the possibility of a challenge and the relevance of the deadline of one month.
We reserve the right to force forfeiture of any username for any reason.
3. Purpose of the Contract
The services of HEYHOO comprise the hosting of events through its online platform and the mediation of other services which logistically support those virtual events. The Users can place their requests to companies which provide services such as delivery, logistics and catering via HEYHOO. HEYHOO is neither responsible nor liable for the actual services provided by those companies, including the price and availability of the goods and services requested by the User. HEYHOO does not guarantee that the transmitted information (e.g. indications of delivery times, addresses, etc.) is correct and complete or reach the User/Third party company in a timely manner. The User has no claim against HEYHOO to a successful procurement and/or to the conclusion of a contract with those third party companies.
HEYHOO has the right to modify its services to the User at any time and without individual notification, e.g. in order to further develop the same or improve their quality, or to completely discontinue providing the services. Information regarding such modifications or discontinuations of the service shall be made in a timely manner in advance via the HEYHOO Web Event platform.
4. Other services
In the course of using other services, HEYHOO acts as an intermediary of a service contract with the respective third party provider and does not become a contractual partner for the provision of the other services. The contractual partner of the User is solely the respective third party provider.
The third party providers themselves are responsible for the other services. The general terms and conditions of the respective third party provider apply to the use of the other services. These will be made available to the User prior to booking and, if necessary, the User’s consent will be obtained.
The third party provider assigns to HEYHOO their claims against the User for payment of the fees for the other services. HEYHOO therefore collects the payment of the price of the other service in its own name and for its own account. However, the service contract continues to exist between the third party provider and the User.
Unless other payment methods are offered by the third party provider, the User must pay them for their services through the platform (as further detailed under clause 6 below) in accordance with these T&Cs. The fee for the third party provider's service shall be paid using the payment method selected by the User during the registration or booking process.
The User is responsible for fulfilling all requirements, conditions and regulations applicable for the use of other services (e.g. being of age in order to order alcoholic drinks).
HEYHOO reserves the right not to forward the User's booking of a service to the third party provider if there is a justified reason to believe that the User will not behave in accordance with the contract or if it is apparent to HEYHOO that the User does not meet the minimum requirements set by the third party provider or HEYHOO for such a service booking.
5. Using the HEYHOO Web Event platform
Heyhoo enables you to participate in events (group video chats) with and send messages to other Users. When you use the application, you will be able to join an event with a User with whom you are connected on Heyhoo (“Contact”). You can add Contacts by inviting them to connect on the Heyhoo. Once you are in an Event, any other Users invited by the Host are able to join the same session.
The use of the HEYHOO Web Event platform is conditioned upon the User registering with HEYHOO (“User Account”) by choosing a username and providing their birthdate and e-mail address. The HEYHOO Web Event platform may only be used through the respective, own, personal registration of the User.
The User must securely store the login information for its User Account and may not communicate the same to third parties or provide them with access to the HEYHOO Web Event platform. The User alone is responsible for the confidentiality and security of their User Account. An unauthorized use by third parties or the suspicion of such must be communicated immediately to HEYHOO by contacting Heyhoo Events - Tamara Strika e.U., without undue delay at c/o Datscha-Projekt GbR Neuer Kamp 32, 20357 Hamburg. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
The User is under an ongoing obligation to provide their personal data truthfully, completely and in accordance with the respective requirements of HEYHOO and to maintain and keep it current.
The User shall, at their own expense, ensure that the technical requirements for the use of the HEYHOO Web Event platform are fulfilled by their device. This includes the configuration and performance of the end user device, updating required software (e.g. the operating system) and access to the internet.
The User must use the HEYHOO Web Event platform in such a way that no negative effects, overloading or damage is done to the platform and so that the purpose contemplated by the platform is not put at risk or circumvented. The User shall neither on its own nor through third parties circumvent or modify the security measures of the HEYHOO Web Event platform.
HEYHOO expressly retains the right to block a User Account and/or their payment functions, be it entirely or temporarily, if this is reasonable to maintain the security of the User Account, or if there is suspicion of an unauthorized or fraudulent use of the account or payment function. In such cases HEYHOO is obligated to inform the User regarding the blocking of the User Account or the payment function while stating the relevant causes, inasmuch as is legally permissible, without undue delay. You are responsible for all activities that occur under your account, whether or not you know about them.
HEYHOO accepts no liability for the loss of User data which had been stored in the HEYHOO Web Event platform.
6. Terms for Payment
For making payment through the platform, the User shall select a payment method among the ones offered at the HEYHOO Web Event platform (e.g. credit card, PayPal) together with their payment information. The registered payment methods may be modified, adjusted or deleted any time by the User. Additionally, the User may, in the context of each single payment, directly select which of the registered methods of payment shall be used for such payment.
By making payments through the platform, the User declares its consent to HEYHOO charging to the selected method of payment/account (e.g. credit card account, PayPal), in the amount owed by it to the Third Party Provider for the delivery of the service, plus any applicable Fees and a tip, if the User so wishes (see clause 8). Furthermore, the User acknowledges and agrees that
- during registration of a payment method (e.g. credit card), when placing an order for or when paying via the HEYHOO Web Event platform, the User may be required to perform an additional authentication of his/her identity (“Strong Customer Authentication”);
- this authentication may be processed via different methods (e.g. one-time passcode, password, biometric authentication) and they depend on each User’s agreement with his/her bank, payment service provider and/or credit card issuer (e.g, Visa, Mastercard, American Express);
- HEYHOO reserves the right to require such authentication from the User’s bank or payment service provider for additional security;
- during this authentication process, HEYHOO reserves the right to share additional payment relevant information about the User with the relevant payment service provider which will be transferred to the User’s bank or payment service provider.
In addition to the above, HEYHOO reserves the right to process a payment request at any time after a charge becomes due and payable to HEYHOO in accordance with these Terms and Conditions (for example, cancellation fees, delayed payments, debt settlement or other charges) without requiring any additional authentication from the User. The User should note that the terms of this clause 6.2 on User Authentication are provided for the User’s information in relation to the processing of payments through the HEYHOO Web Event platform. As a result, (i) HEYHOO shall have no responsibility or liability to the User for the application, non-application, delay or failure of any such processes in any given case and (ii) the terms of this clause 6.2 shall not affect or detract from the Users obligations to HEYHOO under these T&Cs.
If the User selects PayPal as the method of payment, it shall pay the total amount selected by it in the course of the payment process to HEYHOO, without disclosing its banking information to HEYHOO. In the course of the same, an automatic booking process will occur (electronic bank draft procedure) or, as it may be, a charge will be applied (credit card payment) exclusively in the relationship between the User and PayPal. Pursuant to the terms and conditions of PayPal, while using the PayPal service, the User may be subject to additional fees. In order to use the PayPal service vis-a-vis HEYHOO, the User must create a PayPal account with PayPal and confirm PayPal payment vis-à-vis HEYHOO upon performing the payment. In accordance with the PayPal terms and conditions, PayPal expressly retains the right, in the course of processing payments, to book the payment amounts in differing amounts from the User’s PayPal account.
The User waives their right to receive a paper receipt and accepts that the invoice for the service will be sent to the e-mail address on record with HEYHOO.
HEYHOO retains the right, on an individual basis, to no longer offer certain methods of payment.
HEYHOO accepts no liability in relation to the execution of cashless payments by the respective payment service providers. In the event of false or erroneous bookings and in case of disruptions in the course of the payment process, the User himself shall solve the issue with the respective payment provider/agent.
7. Conditions for use of Vouchers
Unless any other terms and conditions of HEYHOO apply to particular promotion campaigns, the following conditions for the use of vouchers (in the following also “promotional code”) shall apply:
The User can only use a promotional code if he selects a payment method which is available on the platform.
The promotional code may be used only once per User during the specified promotion period. Promotional codes that are not redeemed during the promotion period expire without any compensation. The promotional codes cannot be exchanged for cash. In case it was not possible to use the code due to a technical fault with the HEYHOO Web Event platform, HEYHOO provides the User with a substitute code.
A promotional code for a first event booking can only be used once per User and for their first event. If by then the User has not used the promotional code for his/her first event, the code expires and cannot be used anymore or restored or exchanged for another one.
For the proper usage, it is essential to enter the code in the HEYHOO Web Event Platform before payment for the event is initiated and the code has to be accepted as valid.
The corresponding promotional codes cannot be combined with other promotions, coupons or discounts. The codes have no cash value, are non-transferable and can only be used once. The loss of the promotional code will not give any right to substitution. The code may not be sold, resold or exchanged for cash.
In case of unauthorized use of promotional codes, HEYHOO will have the right to block the User’s account. Likewise, in case of fraud, attempted fraud or suspicion of other illegal activities related to the promotional code, HEYHOO will be authorized to block or delete the corresponding User accounts. In such case HEYHOO informs the User upfront of the reason for such blockage or removal.
8. Usage Rights
HEYHOO grants to the User a simple, revocable, non-transferable and non-exclusive usage right for the HEYHOO Web Event platform, inasmuch as it is necessary for the organization of online events in the context of these T&Cs. This usage right is, however, limited to non-commercial use. commercial use or other exploitation of HEYHOO services or contents is not permissible.
The User is prohibited from duplicating the HEYHOO Web Event platform, be it entirely or partially, and from renting it or leasing it, or processing it or otherwise modifying it, or from sub-licensing it. The User is furthermore prohibited from decompiling, disassembling or reverse engineering (“Reverse Engineering“) the HEYHOO Web Event platform.
9. Prohibited Use, Responsibility for Contents
The User is prohibited from using the HEYHOO Web Event platform to upload, save, transfer or distribute materials which are illegal, which pose a risk to minors, which denigrate others and/or are otherwise insulting or are in some other respect illicit. This encompasses the illegal distribution of contents which violate data protection law, intellectual property law, industrial patents law, ancillary copyright laws, personality rights and/or other third party rights.
The User of the HEYHOO Web Event platform is solely responsible for the contents transmitted by it as well as for the use of the HEYHOO Web Event platform. The User shall be held responsible for contents in relation to HEYHOO which were provided or made available by a third party or by another User and which were transmitted using its registration.
HEYHOO retains the right, but without any obligation, to examine User content as to whether it is in conformity with the permissible uses as set forth in these T&Cs. In case of a violation or the possibility of a violation, HEYHOO is entitled to block, modify or delete User content. Further, HEYHOO is entitled to entirely or partially block the User Account of the respective User with immediate effect and/or to terminate the App User Agreement. The exercise of other rights on the part of HEYHOO remains unaffected.
10. Third Party IP Rights, Indemnification
The User shall indemnify HEYHOO against all claims, including damages claims, which other Users or other third parties claim against HEYHOO on account of a violation of their rights by the User on account of contents uploaded or generated by the User to the HEYHOO Web Event Platform or on account of any other use of the HEYHOO Web Event Appby the User, in particular on account of a breach of the duties set forth under clause 8 of these T&Cs. User accepts all reasonable costs accruing to HEYHOO due to a violation of third party rights, including reasonable costs arising in the course of procuring a legal defense. All further rights and damages claims of HEYHOO shall remain unaffected.
If third parties claim against HEYHOO on account of a legal violation, the implied User is obligated to comprehensively and immediately inform HEYHOO to the extent required for an evaluation and for raising a defense.
If their use of the HEYHOO Web Event platform violates third party rights, the User will immediately cease such use which is in violation of the contract and/or of statutes.
Heyhoo Events - Tamara Strika e.U. does not claim any ownership rights in any User Content. You retain your rights to any User Content you submit, post or display on or through Heyhoo. Apart from that, all rights, titles, and interests related to the Services and are and will remain the exclusive property of Heyhoo Events - Tamara Strika e.U. and its licensors. Heyhoo is protected by copyright, trademark, and other laws of both Germany and foreign countries. Heyhoo Events - Tamara Strika e.U. reserves all rights not expressly granted in these T&C.
The User does not have a right to ongoing and uninterrupted availability of the HEYHOO Web Event platform. HEYHOO does, however, endeavor to ensure the greatest possible availability and to remedy interruptions as quickly as possible. Likewise, HEYHOO of HEYHOO does not guarantee that a third party provider is available to be procured.
12. Particular Terms for Services Procured through HEYHOO
With the acceptance of a service request made by the User (Offer) by a third party provider, a legally binding contract is concluded between the User and the corresponding third party provider. The User will be informed in the HEYHOO Web Event Platform regarding the acceptance of its service request. As soon as a service request is accepted, information pertaining to the User will be communicated to the provider (user name, address, telephone number) for identification purposes. Moreover, it is possible for the User to directly contact the third party provider.
The compensation for the service procured through HEYHOO is determined by the respective third party provider, will be indicated in the HEYHOO Web Event platform and can only be settled with the available payment methods according to clause 6.
For damages incurred by User on account of the use of the HEYHOO Web Event platform, HEYHOO is liable only for intent and gross negligence. In particular in such cases in which an incorrect, incomplete or late transmission of information or a lack of availability or, as it may be, an interruption of the HEYHOO Web Event Appleads to damages, HEYHOO shall only be liable insofar as the same was caused by intent or gross negligence.
For simple negligence, HEYHOO is only liable as it relates to the violation of a cardinal contractual obligation and only for predictable or typical damages. Cardinal contractual obligations are those for which the performance is an essential precondition for the proper execution of the contract and upon the performance which the User may, as a general rule, rely.
Limitations of liability shall not apply in the context of assumed guarantees or for damage to life, limb or health or for claims arising under the Product Liability Code (Produkthaftungsgesetz).
If the HEYHOO Web Event Appor the transmission of data leads to negative effects or damage to the hardware or software of the User, HEYHOO is liable for the same only inasmuch as the same were caused by intent or gross negligence.
Damages affecting the User in the context of the third party services procured through HEYHOO are to be settled between the contract parties of the agreement (namely the User and the respective third party provider). Liability on the part of HEYHOO for services performed by the third party provider is excluded.
14. Contract Duration and Termination
The Platform User Agreement is concluded with the acceptance of these T&Cs by the User during registration and has an indefinite duration.
The Platform User Agreement can be terminated by either side in text form, no reason must be stated.
15. Data Protection
16. Applicable Law, Forum
The law of the Federal Republic of Germany shall apply.
The exclusive forum for all disputes arising out of or in connection with these T&Cs is Hamburg, insofar as the User is a merchant in the sense of the German Commercial Code or the User, at the time of filing suit, does not have a domicile in the Federal Republic of Germany.
17. Information Regarding Online Dispute Resolution
The EU Commission has created an internet platform for online dispute resolution (so called “ODR-Platform“). The ODR-Platform serves as a point of first contact for out of court dispute resolution vis-à-vis contractual obligations arising out of online purchase and sale agreements or online service agreements. You can access the ODR-Platform via the following link: ec.europa.eu/consumers/odr.
HEYHOO is neither willing nor obligated to participate in a dispute resolution proceeding before a consumer protection agency dispute resolution service.
18. Salvatory Clause
If a determination of these T&Cs is invalid, unenforceable or has a gap, this shall not affect the validity of the remaining determinations. In place of the invalid determination or to fill in the gap, a regulation shall be deemed as being agreed upon which most closely approximates the economic intent of these terms and conditions.
Valid from 07.01.2021