TERMS & CONDITIONS
FOR THE PRODUCTS AND SERVICES OFFERED BY PLAYBRUSH
Lies die AGB auf Deutsch: www.playbrush.com/agb
We, the team of Playbrush GmbH, Gentzgasse 14-20/20/14, 1180 Vienna, Austria (“Playbrush Austria“), as well as Playbrush Ltd, 34-35 Eastcastle Street, W1W 8DW, London, United Kingdom, („Playbrush UK”), are pleased to see you being interested in our products and we are confident that our Apps in connection with the Playbrush device and the playbrush.com platform match your interests in your and your child’s dental hygiene perfectly.
Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.
1.1. Playbrush operates an interactive online platform and mobile apps aiming to improve the oral- and dental hygiene. Furthermore, Playbrush is trading with products in the area of dental health.
1.2. In order to be able to use the complete spectrum of Playbrush’s products and services, a one-time registration is required (see Section 4, below). However, certain content, including general descriptions of Playbrush can be viewed without registration.
1.3. Playbrush’s goal is to make dental care enjoyable and to make a positive contribution to people’s health.
1.4. Your health is very important to us. ALWAYS consult your doctor about your and your child’s dental hygiene. Playbrush neither substitutes your doctor, nor is Playbrush responsible for your and your child’s behavior. The contents of the Playbrush.com platform, regardless whether they are provided by Playbrush, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your and your child’s health.
2. VALIDITY OF THE T&C
2.1. Playbrush offers the interactive Playbrush.com platform and Playbrush mobile apps on the basis of these T&C. When registering for the PREMIUM version of the mobile app, the user has to consent to the validity of these T&C.
2.2. Neither the registration nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.
2.3. These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Playbrush’s products and services. In particular, the Playbrush online offering will be accessible via the following domains: playbrush.com, playbrush.io.
2.4. These T&C shall be valid until cancelled in the currently valid version as of November 15, 2016.
3. SUBJECT OF THE AGREEMENT
Currently, Playbrush essentially offers its users the following applications and information in several languages:
3.1. Playbrush.com platform:
3.1.1. News regarding Playbrush in short form
3.1.2. in Shop;
3.1.3. Content, e.g. texts, pictures and videos, regarding dental care, health and nutrition will be presented by Playbrush and third parties (e.g. dentists, mothers)
3.1.4. Status Messages
3.1.5. Blog: Presentation of company information, products and news in long form
3.1.6. Other Content:
- About us: Short description of Playbrush
- Company offerings: Offers of Playbrush addressed to companies
- Partners: Presentation of partners and supporters of Playbrush
- Advertising by Playbrush and/or third parties
- Support for users
3.1.7. PLAYBRUSH FAMILY: Through this application, parents are given the opportunity to view the accumulated data of their children on the Playbrush.com Platform, to attribute them to the user profiles and compare them. Thereby the data is graphically represented and feedback about the tooth brushing performance is provided.
3.2. Mobile applications; Playbrush Mobile
3.2.1. Playbrush offers applications for Apple iPhones and Android smartphones on a global scale.
3.2.2. These applications can be used in connection with the Playbrush device both isolated on the smartphone as well as in connection with the Playbrush.com platform.
3.2.4. The user can maintain the user data on a personal profile page (label: my profile), including personal data.
3.2.5. The user may visualize the user’s brushing performance via statistics and analysis of user activity (brushing, scores, etc.);
3.2.6. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Playbrush.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.7. The mobile applications are only available to users of smartphones.
3.2.8. Additional terms and conditions on the part of the mobile phone-providers apply.
3.3. Other Services of Playbrush
3.3.1. Subject to the user’s consent, Playbrush will send newsletters to registered users. By accepting these T&C, the user allows Playbrush to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from Playbrush.
4.1. In order to be able to use the full features of the Playbrush.com platform, Playbrush provides for a one-time, free registration.
4.2. Playbrush offers users two options of registering on the Playbrush.com platform:
4.2.1. a “Basic Membership”, where only basic options and features are made available to users;
4.2.2. a “Premium Membership”, with all options and features made available to users.
4.3. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Playbrush.
4.4. Each user shall register with Playbrush once only, and confirms with its registration that it has not registered an account with Playbrush before and has not deleted a previously activated user account.
4.5. A user can register in one of two ways:
4.5.1. Registration by use of the registration form provided on the Playbrush.com platform:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, date of birth, completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.5.2. Adoption by Playbrush of registration details provided by the user in the social network Facebook, Twitter or Instagram:
Registration via Facebook Connect, Twitter or Instagram requires the user to confirm that the selected details, which the user previously provided on Facebook, Twitter or Instagram, shall be adopted by the Playbrush network. The user can subsequently add to or reduce such details in such user’s profile on the Playbrush.com platform.
4.6. Following successful registration, the user can log on to the Playbrush.com platform by either entering its email address and the chosen password.
4.7. If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, Playbrush will delete the corresponding account within a period of seven days.
4.8. Playbrush reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
5. GENERAL TERMS AND CONDITIONS FOR ALL USERS
5.1. Fraud protection.
5.1.1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at firstname.lastname@example.org of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.1.2. Playbrush will not refund any amounts paid by you to Playbrush.com before you report an unauthorized or fraudulent use of your account.
5.1.3. Playbrush.com has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
5.2. Promotions and Free Offers. Playbrush.com may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.
6. SPECIAL TERMS AND CONDITIONS FOR TOOTHBRUSH SUBSCRIPTIONS
6.1. Users may register on the Playbrush.com Platform for a subscription of toothbrushes. There are yearly or quarterly subscriptions. The user can choose the amount of toothbrushes. Once payment of the listed prices plus taxes and shipping cost is made, the user will receive the toothbrushes delivered to the address indicated.
6.2.1. Payment is made in advance for each subscription period. In other words, you can select the subscription period that best satisfies your needs to access the Premium Services. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
6.2.2. Payments for the entire term of your toothbrush subscription shall be due immediately upon invoicing. Payment can be made using different online payment systems (Paypal, Credit Card, Bank Transfer). If Playbrush is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Playbrush may deliver invoices and payment reminders to the user by email.
6.3. Automatic Renewal. Within 4 weeks of expiry of the subscription period, the user will receive a notification via Email to the registered Email-address, indicating that the subscription will be extended for the subscribed period unless the user cancels the subscription. Automatic renewal may be avoided by cancelling via Email to email@example.com or through the Playbrush.com Platform. When your Subscription period expires, your credit card will be charged automatically with the then-current standard subscription price, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at two weeks prior to the expiration of your current Subscription.
6.4. Cancellation. You may cancel your Subscription to Playbrush Premium Service for Premium Members at any time by initiating the cancellation on the Playbrush.com platform. Unless otherwise provided for in Section 8, Playbrush will not refund previously paid amounts.. Each user can check the length of the current Subscription period by viewing such user’s account information.
7.1. Each user shall have the right to terminate the use of Playbrush’s online platform at any time via its account settings („My Profile“). Playbrush shall confirm such termination vis-a-vis the user.
7.2. Additionally, Playbrush reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
7.3. As a result of any termination pursuant to this Section 7 or cancellation pursuant to Section 8 hereof,
7.3.1. all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., notes on other users’ walls, will be (i) anonymized, i.e., it will be made clear that such details were provided by a deleted user, or (ii) deleted, in the event of cancellation.
7.3.2. upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to firstname.lastname@example.org, which shall include the email address provided to Playbrush upon registration.
8. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
8.1. Application of Consumer Laws. If you as a User are registered on the Playbrush.com platform for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
8.2. Right of Withdrawal from Contract. You may cancel your agreement with Playbrush in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Eschenbachgasse 11, 1010 Vienna, Austria
8.3. Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Playbrush in full or in part, you are obligated to reimburse Playbrush for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
9. USER OBLIGATIONS AND CONDUCT
9.1. Each user of the Playbrush.com platform must
9.1.1. truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
9.1.2. only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Playbrush that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
9.1.3. not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
9.1.4. not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
9.1.5. not carry out any disrupting interferences in the Playbrush network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Playbrush’s software or hardware;
9.1.6. not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
9.1.7. provide prompt notice via email to email@example.com any detected breaches of the aforementioned obligations;
9.1.8. diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
9.1.9. regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Playbrush shall not be responsible for any lost or impaired details.
10. BREACH OF USER OBLIGATIONS
10.1. In order to ensure the proper and reliable provision of services, Playbrush imposes the following sanctions upon breach obligations by a user:
- deletion of content;
- temporary deactivation of user account; and
- cancellation (irrevocable deactivation).
10.2. The type of sanction shall depend on the purpose, impact and type of the breach in light of Playbrush’s and the user’s interests.
10.3. In the event a user account shall be cancelled in accordance with this Section 10, the respective user shall not be permitted to register again.
11.1. Playbrush permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.
11.2. The user consents that marketing measures may also be taken in the proximity of content created by such user.
11.3. Playbrush does not claim ownership of any content created by users and will not supervise such content.
11.4. Playbrush reserves the right to delete content created by users without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 10.
11.5. Playbrush shall not be responsible for inaccurate content created by users.
13. REPRESENTATIONS AND WARRANTIES
13.1. Playbrush does not represent or warrant that the Playbrush.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
13.2. Playbrush does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
13.3. The user uses the Playbrush offering exclusively at its own risk. This applies, without limitation, to
13.3.1. the related use of any hardware, including, but not limited to, (i) the respective smartphone, (ii) the Playbrush device, (iii) smartphone dongles, und (iv) the Playbrush Bathroom Kit;
13.3.2. downloading of the user’s own and third party content; and
13.3.3. any use by the user of data created or provided by Playbrush, including, but not limited to (i) measured tooth brushing and oral hygiene details, or (ii) recommendations for actions, e.g., tooth brushing tips etc. The user explicitly acknowledges that any such data or content may contain errors, and Playbrush does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
13.4. The use of any software or hardware offered by Playbrush is no substitute for the consultation by the user of a specialized doctor.
13.5. Additionally, Playbrush does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Playbrush does not make any representations or warranties with respect to products or services of third party providers.
14. LIMITATION OF LIABILITY
14.1. Playbrush shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Playbrush has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Playbrush shall not be liable to other businesses and shall be liable to consumers only for personal damages. Playbrush shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
14.2. Unless required by statutory law, neither Playbrush nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
14.3. Playbrush assumes no liability for downloaded material or material obtained as a consequence of using the Playbrush.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Playbrush.com platform.
14.4. The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Playbrush will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
15. INDEMNIFICATION BY USERS
15.1. The user shall indemnify Playbrush for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the Playbrush.com platform by such user or as a result of any other usage by such user of applications available from Playbrush. The user shall bear the costs of any legal proceedings, in which Playbrush may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
15.2. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Playbrush all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Playbrush may be entitled to bring against the user shall not be affected.
16. CHANGES TO THE T&C
16.1. Playbrush reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Playbrush.com platform.
16.2. Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If Playbrush intends to implement such changes to these T&C, Playbrush will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Playbrush.com platform, or (iii) on any other device through which the user accesses the Playbrush services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
16.3. Following amendment of the T&C, provided that the user did not accept the new T&C, the continued use of Playbrush’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended T&C.
16.4. Subject to Sections 16.1 to 16.3, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
17.1. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
17.2. Governing Law and Jurisdiction.
17.2.1. These T&C and all contractual relations and litigation between the users and Playbrush shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.
17.2.2. Place of delivery and exclusive court of jurisdiction shall be the competent court at 1010 Vienna, Austria.
18. GIVE AWAYS AND SWEEPSTAKES
18.1. Section 18 contains the general conditions of aways and sweepstakes by Playbrush. For the purposes of this agreement, the words giveaway and sweepstakes will be used interchangeably.
18.2. Agreement: Our giveaways are open to participants who are at least 18 years old and follow the instructions listed in the giveaway landing page, widget, blog post, and/or social media post. Employees of Playbrush and their relatives are excluded from the participation. By participating, you agree to be fully unconditionally bound by these rules and abide by the eligibility requirements set forth herein. You agree to accept the decisions of Playbrush as final and binding in all matters related to the sweepstakes. Winners of the sweepstakes will be selected at random using a random number generator.
18.3. Sweepstakes Period: Entries will be accepted for the time period described on the giveaway landing page or post. If exact start and end times are not detailed, then entries will be accepted from the time of the first giveaway post until 23 PM CET on the final date listed.
18.4. Prizes: Winners receive prizes the same as or similar to those described in the social media post for the sweepstakes. The prize is non-transferable and cannot be exchanged for cash. Playbrush is not responsible for lost or stolen prizes. Any and all prize related expenses, including without limitation any and all international, federal, state, and/or local taxes and fees including (but not limited to) international tariffs and import fees shall be the sole responsibility of the winner.
18.5. Prize Claim: Winner(s) must claim the prize within 48 hours from the time Playbrush announces the winner(s). The instructions for claiming the specific prize will be sent to the winner after the announcement is made. If prize is not claimed within 48 hours, Playbrush is not obligated to send the prize.
18.6. Winner Selection: Winners of the sweepstakes will be selected at random using a random number generator.
18.7. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these rules and abide by the eligibility requirements set forth herein. You agree to accept the decisions of Playbrush as final and binding in all matters related to the sweepstakes.
18.8. Terms: Playbrush reserves the right, in its sole discretion to cancel or modify the sweepstakes for any reason and at any time. Playbrush has the right, in its sole discretion, to void entries for any reason.
18.9. Limitation of Liability: By entering you agree to release and hold harmless Playbrush and any of its affiliates or any party acting on its behalf of all liability. Playbrush shall not be held responsible for any damage that may occur, directly or indirectly, whether or not it is caused by negligence. Before entering, participant is responsible for ensuring that participant is eligible for the giveaway based on local laws.
18.10. Rights Granted by You: By entering this contest, you give full consent to Playbrush to use the entered data (Name, Address, E-Mail) to contact you by social media, email, or other means.
This consent can be revoked any time written to
or to firstname.lastname@example.org.