Terms and Conditions - as of January 2022 & Data Protection - as of January 2022
GENERAL TERMS AND CONDITIONS OF USE
THE Guru e.U. (IT guru)
1.1. The Guru e.U. (EDV guru) (hereinafter “IT GURU“) is a company registered in the commercial register under FN458747d with its registered office in 1100 Vienna, Karl-Popper-Strasse 22.
It is primarily for entrepreneurs (hereinafter “User") on its Internet platform modules with different service products from third-party entrepreneurs selected and verified by EDV-GURU (= "Provider“) ready for the user to book. In this case, a separate contract is concluded between the user and the offering company or the companies offering the respective module. EDV-GURU only acts as an intermediary.
Furthermore, services are provided directly and products are delivered according to separate offers on the EDV-GURU platform. The EDV-GURU can use third parties to do this. In such cases, however, the EDV-GURU acts as the contractual partner and sole contact person for the user.
1.2. For contracts between EDV-GURU and the user, the following conditions apply exclusively to the user as a contractual partner. The user expressly agrees to these conditions before registering and placing an order on the EDV-GURU platform. Successful registration on the platform also gives implicit consent from the user.
There are no deviating or supplementary agreements and the express written consent of EDV-GURU is required for them.
If the user does not agree to these conditions and technical requirements, he or she is prohibited from participating in the EDV-GURU platform.
2.1. In order to enable the user to use or participate in the platform, the user is obliged to set up a free account with an individual user profile on the EDV-GURU website.
2.2. This account must be set up with truthful, verifiable information. To register an account, EDV-GURU must be provided with certain personal data, such as first and last name, date of birth, a telephone number and an email address. The user must ensure that his account data is and remains correct, complete and up-to-date.
2.3. The user is obliged to keep his password secret. The user is liable for damages caused by inadequate confidentiality of the password by the user or by unauthorized disclosure to third parties.
A transfer to third parties for the use of the account is not permitted; nor an assignment or transfer of any related rights whatsoever to third parties. The user is responsible for all activities on his account. The user undertakes to comply with all relevant laws. Participation in the platform may only be for lawful purposes.
There is no claim to the availability of the EDV-GURU service or applications. The user is aware that there is no guarantee that his data will reach its destination on the Internet. The EDV-GURU does not provide any such guarantee in any way. EDV-GURU is not liable for failures or unavailability of the platform, its services or applications, or their consequences. Under no circumstances is the EDV-GURU liable for supernatural influences, technical problems from third-party providers or other influences that are not directly related to the EDV-GURU servers.
4.1. The IT GURU ensures that, wherever possible, the technical platform on the Internet is protected from unauthorized attacks (“hackers”). The user acknowledges that despite careful planning and technical implementation, absolute protection on the Internet is not possible. The EDV-GURU is only liable to the user for intentional and grossly negligent violations of their contractual obligations in accordance with the following provisions. Liability for slight negligence is in any case excluded. These limitations of liability do not apply to consumers in accordance with Section 6 Paragraph 1 Item 9 KSchG.
Any liability of EDV-GURU is limited to typically foreseeable damage to the user. Under no circumstances will EDV-GURU be liable for lost profits, consequential damages, indirect and indirect damages or pure financial losses of any kind.
4.2. If the EDV-GURU acts as an intermediary, it has no liability whatsoever in this regard, neither towards the user nor towards the provider.
In principle, all violations of the terms of use are classified as violations. EDV-GURU reserves the right to immediately block the service if the user violates the terms of use or the law.
Any intentional manipulation and/or deception in order to circumvent the control and protection mechanisms of the EDV-GURU will result in the account being blocked immediately. The EDV-GURU is not liable for any loss or consequential damage caused in this regard.
The user expressly consents to the processing and storage of his data by EDV-GURU and is entitled to revoke this consent at any time. All data provided by the user is for internal purposes only. For further order processing, the EDV-GURU passes on the information or data provided by the user to the providers associated with the module for the purpose of order processing and direct contact. Other third parties are not included in this right of disclosure.
The orders and transactions made on or through the platform are digitally recorded and evaluated by EDV-GURU.
Both the user and the provider acknowledge and agree that EDV-GURU processes data even if it is a mere intermediary.
By registering an account on the EDV-GURU website, the user agrees to email correspondence or communication via digital networks or channels.
9.1. On the EDV-GURU platform, entrepreneurs offer their services and products, which are primarily useful for entrepreneurs and private users, to the user for a fee. The user is informed about various services and products and can contact an entrepreneur for the purpose of concluding a business transaction by booking the modules directly or using the contact options provided. Once the booking is made and the payment is made, the contract is concluded with the respective provider. It should be noted that for professional reasons, the providers may work with their own terms and conditions, which can be accessed separately before booking.
9.2. With regard to the services provided directly by EDV-GURU, the contract is only concluded after booking and payment has been made through a confirmation email from EDV-GURU.
9.3. The user has the option of a “subscription” for the above services or products for a specific period of time with a specific minimum term. If a subscription is taken out, the user may be required to pay a certain deposit. The remaining subscription price must then be paid by the user in monthly installments.
9.4. The “subscription” is limited to a minimum term and is automatically extended by this minimum term after its expiry, unless it is canceled in writing three months before the end of the period, but without prejudice to third-party obligations already assumed.
9.5. If the user is a consumer, he is nevertheless not entitled to withdraw from the contract concluded via distance selling in accordance with Section 18 Paragraph 1 Z 1 FAGG, provided that the execution of the service had begun before the end of the withdrawal period in accordance with Section 11 FAGG and the service was then fully provided on the basis of an express request from the consumer in accordance with Section 10 FAGG and a confirmation from the consumer that he was aware of the loss of the right of withdrawal if the contract was fully fulfilled.
10.1. Payment for the services booked by EDV-GURU as a contractual partner and agent is generally made in advance. The payment methods currently available are credit card, ATM, SEPA direct debit, instant bank transfer, Paypal or Apple Pay.
For “subscriptions”, only credit card or debit card payment methods are available.
10.2. In the case of a “subscription”, if the user defaults on just one monthly partial payment (“installment”), the total amount becomes due immediately (loss of deadline).
10.3. In the event of a delay in payment, even if it is not due to fault, the EDV-GURU is entitled to charge consumers 4% p.a. and business interest p.a. for companies on the outstanding amount due. In the event of serious default in payment, the user undertakes to reimburse EDV-GURU for all reminder and collection costs.
In the absence of participation, the EDV-GURU is in no way liable for the transactions, their conclusion or non-conclusion between the users and the provider, the respective transactions and their consequences that were or are, are or may occur in direct or indirect connection with participation in the platform or in contacting users from the platform. The EDV-GURU provides no guarantee that the user will be able to conduct business with the provider inside or outside the platform without disruption or errors. The EDV-GURU gives no guarantee as to the quality or suitability or in particular the creditworthiness of an individual entrepreneur, just as it is not liable for the quality or suitability of the provider's service/product. There is no guarantee for the security of transactions carried out between individual users and the provider. There is also no liability for the security of the actual transaction. The EDV-GURU has no influence on the transactions between the user and the provider, nor on the details of the transaction.
In those cases in which the EDV-GURU itself becomes a contractual partner, the EDV-GURU is only liable to the user (as a contractual partner) for intentional and grossly negligent violation of its contractual obligations. Liability for slight negligence is excluded in all cases. Liability is limited up to the amount of the order. These limitations of liability do not apply to consumers in accordance with Section 6 Paragraph 1 Item 9 KSchG.
Any liability of EDV-GURU is otherwise limited to typically foreseeable damage to the contractual partner. Under no circumstances will EDV-GURU be liable for lost profits, consequential damages, indirect and indirect damages or pure financial losses of any kind.
If products are delivered by EDV-GURU, they remain the sole property of EDV-GURU until full payment has been made.
13.1. The user may not transfer the rights and obligations resulting from the personal account.
13.2. For the legal relationship between the EDV-GURU and the user as well as between the user and the provider as well as for these conditions, Austrian laws apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws.
13.3. The user can only set off claims made by EDV-GURU or assert a right of retention if EDV-GURU's counterclaim is undisputed and legally binding. This provision does not apply to consumers in accordance with §§ 6 Para. 1 Z 7, 8 KschG in conjunction with § 1438 in conjunction with § 471 ABGB.
13.4. The EDV-GURU expressly reserves the right to unilaterally change its general terms and conditions. In this case, the user will be informed in writing about the changes to the terms and conditions and can object to this change within 14 days. In the event of a contradiction, EDV-GURU's special right of termination without notice is deemed to have been agreed.
13.5. The relevant court in Vienna has exclusive jurisdiction for all disputes arising from or in connection with the legal relationship between the EDV-GURU and the user as well as between the user and the provider, from the services offered or these conditions, including questions regarding their validity, interpretation and enforceability. This provision does not apply to consumers.
As of: January 2022
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PRIVACY
FROM EDV-Guru (Guru e.U.)
The protection of your personal data is particularly important to us. We therefore process your data exclusively on the basis of the legal provisions (GDPR, TKG 2003). In this data protection information we inform you about the most important aspects of data processing on our website.
Contact us
If you contact us using the form on the website or by email, the data you provide will be stored by us for six months in order to process your request and in case of follow-up questions. We will not pass on this data without your consent.
By registering an account on the EDV-GURU website, the user agrees to email correspondence or communication via digital networks or channels.
EDV-GURU Guru e.U. is the body responsible for data collection.
We would like to point out that, for the purpose of simplifying the purchasing process and for subsequent contract processing, the web shop operator stores the connection owner's IP data as part of cookies, as well as the buyer's name, address and credit card number. In addition, we also store the following data for the purpose of contract processing:
For further order processing, the EDV-GURU passes on the information or data provided by the user to the providers associated with the module for the purpose of order processing and direct contact. Other third parties are not included in this right of disclosure.
The orders and transactions made on or through the platform are digitally recorded and evaluated by EDV-GURU.
Both the user and the provider acknowledge and agree that EDV-GURU processes data even if it is a mere intermediary.
Data will not be transferred to third parties, with the exception of the transfer of credit card details to the processing bank / payment service provider for the purpose of debiting the purchase price, to the transport company / shipping company commissioned by us to deliver the goods and to our accounting department to fulfill our tax obligations.
If a contract is concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) has expired. The data name, address, purchased goods and date of purchase will also be stored until the end of product liability (10 years). Data processing is carried out on the basis of legal regulations
of Section 96 Paragraph 3 TKG and Article 6 Paragraph 1 lit a (consent) and/or lit b (necessary for contract fulfillment) of the GDPR.
3. Credit check and scoring
If we make advance payments, e.g. B. in the case of a purchase on account, we reserve the right to obtain credit information based on mathematical-statistical procedures from the credit reporting agencies mentioned below in order to protect our legitimate interests. For this purpose, we transmit the personal data required for a credit check and use the information received about the statistical probability of non-payment to make a balanced decision about the establishment, implementation or termination of the contractual relationship. The credit report can contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes, among other things, address data.
Your interests worthy of protection will be taken into account in accordance with the legal provisions. You can obtain information about the stored data relating to you from the relevant business information agency.
The information is obtained from the following credit reporting agencies:
KSV1870 Holding AG
Wagenseilgasse 7
A-1120 Vienna
T: 050 1870-1000
F: 050 1870-99 1000
Email: ksv@ksv.at
Internet: www.ksv.at
Company register number: 303439 i
VAT number: ATU64034878
DVR number: 3004566
Yours below Data is transmitted in encrypted form to prevent misuse by third parties. SSL (Secure Socket Layer) is a security technology that ensures that your personal information, including credit card information, your login information and your payment method, are transferred securely over the Internet. Payment data is encrypted so that it is only readable by the payment system.
Which of your data is transmitted encrypted?
We use cookies on various pages to make visiting our website attractive and to enable the use of certain functions. The so-called “cookies” are small information files that your browser can store on your computer. The process of storing a cookie file is also called “setting a cookie”.
You can set your browser according to your wishes so that you are informed about the setting of cookies, decide whether to accept them on a case-by-case basis, or generally accept or generally exclude the acceptance of cookies.
Our online shop is programmed so that you can place your orders regardless of your cookie settings in your browser.
Cookies can be used for different purposes, e.g. to recognize that your PC has already had a connection to a website (persistent cookies) or to save recently viewed articles (session cookies). We use cookies to offer you increased user convenience, e.g. by pre-filling the user ID for registration for subsequent orders (the password must of course always be entered personally for security reasons) and to be able to give commissions to advertising partners for brokerage services.
We work with advertising partners who help to make the Internet offering and the website more interesting for you. Therefore, when you visit our website, cookies from partner companies (third-party cookies) are also stored on your hard drive. These are temporary cookies that are automatically deleted after the specified time. Cookies from advertising partners are usually deleted after a few days or up to 24 months, and in individual cases even after several years.
However, our partner companies are not permitted or it is technically impossible for their partners to obtain, process or use personal data via our website using cookies. Most of the cookies we use are deleted from your hard drive at the end of the browser session (session cookies). Other cookies remain on your computer and enable us to recognize your computer on your next visit (persistent cookies).
The way we use cookies in our online shop does not cause you any disadvantages or risks. In order to use our convenience functions, we recommend that you allow the acceptance of cookies for our website.
We use the online advertising program “Google AdWords” and conversion tracking as part of Google AdWords. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not used for personal identification.
If the user visits certain pages on the AdWords customer's website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page. Each customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers.
The information collected using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that can be used to personally identify users.
If you would like to deactivate cookies for conversion tracking, you can set your browser to block cookies from the domain “googleadservices.com”.
Further information on the subject of “data protection” as part of the online advertising program Google AdWords can be found at http://www.google.de/privacy_ads.html.
We use re-targeting technologies to make our website more interesting for you. This technology makes it possible to target Internet users who have already shown an interest in our shop and our products with advertising on our partners' websites. We are convinced that the display of personalized, interest-based advertising is generally more interesting for the Internet user than advertising that has no personal connection. The display of these advertising materials on our partners' websites is based on cookie technology and an analysis of previous usage behavior. This form of advertising is completely anonymous. No personal data is stored and no usage profiles are merged with your personal data.
You can set your browser to only accept the storage of cookies if you agree to this. If you do not want to accept cookies from our service providers and partners, you can select the “Block third-party cookies” setting in your browser.
As a rule, the help function in the menu bar of your web browser will show you how you can reject new cookies and switch off those you have already received.
You may have expressly given your consent below. We would like to point out that you can revoke your consent at any time with effect for the future.
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We are constantly updating our prices and expanding our range and service. Register now for our newsletter and always stay up to date. You can send it via email to: office@edv-guru.at unsubscribe with the text “Unsubscribe from newsletter”.
According to the Data Protection Act 2000, you have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data.
You can send information, requests for deletion and correction of your data and also suggestions to our data protection officer at any time:
EDV-GURU – Guru e.U.
Email: office@edv-guru.at
As of: January 2022