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Terms & Conditions

General Terms and Conditions of Business for the use of takt1

 

1. General Remarks

 

1.1 ClassiConn Dortmund GmbH & Co. KG, Mallinckrodtstr. 320, 44147 Dortmund, Germany, registered in the commercial register of the local court of Dortmund under HRA 18218, represented by its personally liable shareholder, ClassiConn Verwaltungs GmbH, at the same place, registered in the commercial register of the local court of Dortmund under HRB 28127, represented by its Managing Directors Tim Lemke and Benedikt Stampa, is the provider of and the contractual partner for any online services available on www.takt1.com and www.takt1.de (hereinafter collectively with the above mentioned websites referred to as “takt1”).

 

1.2 These General Terms and Conditions of Business (hereinafter abbreviated “GTCB”) regulate the use of online services on takt1, which you as the User (hereinafter referred to as “User”) may use on takt1. The contractual service performed by takt1 is making available the online services of takt1 for use by the User. The User may use the online services of takt1 within the “Free Membership” (Sec. 4.2), as individual order of digital content (Sec 4.3), or within the “Premium Subscription” (Sec. 4.4). 

 

1.3 These GTCB also apply to future individual contracts between the User and takt1 regarding the use of takt1.

 

2. Registration, Conclusion of Contract

 

2.1 To use the online services on takt1 the User must register with takt1. In doing so the User obliges to provide the data requested in full and correctly, and to update the information, should the data provided change after registration. The User may update the information when logged in. 

 

2.2 The takt1 website does not contain a legally-binding offer to enter into a contract for the use of takt1. A legally-binding offer to enter into a usage contract with takt1 can only be made by the User by sending a completed registration form to takt1. takt1 my accept an offer to use the online services of takt1 made by the User within two (2) weeks. The contract comes into effect when takt1 sends a registration confirmation to the User’s e-mail address as indicated in the registration form within this period of time.

 

2.3 The registration with takt1 may also be conducted with “Facebook-Connect” or a “Google-Account”.  For more details, please refer to Sec. 5 of our Privacy Policy.

 

2.4 Upon confirmation of the registration by takt1 per e-mail a contract between the User and takt1 comes into effect. In the confirmation e-mail the User is informed of his right of withdrawal according to Sec. 3.

 

2.5 A User may register only once. Should the User forget their password, they may create a new password via the function "Forgot password?".

 

2.6 The User shall be obliged not to disclose their password to any third party, even on request. Please note that no employee of takt1 or of its technical service provider is entitled to request Users to disclose their password.

 

3. Right of Withdrawal

 

3.1 Withdrawal Instructions: 

 

You as the User shall be entitled to withdraw from this contract within fourteen (14) days, without stating reasons.

 

The withdrawal period shall be fourteen (14) days from the date of concluding the contract. To be able to exercise your right og withdrawal, you must provide us with a written notice to

 

ClassiConn Dortmund GmbH & Co. KG

Mallinckrodtstr. 320

44147 Dortmund

Germany

Tel.: +49 (0)231 - 22383839

E-Mail: service@takt1.com 

 

(or by fax or e-mail) that clearly expresses your intention to withdraw from the contract. For this purpose, you may use our Withdrawal Form Template   although this is not mandatory. Timely submission of the withdrawal notice before the end of the withdrawal period is sufficient for the purpose of observing the withdrawal time limit

 

3.2 Consequences of Withdrawal:

 

Should you withdraw from this contract, we will promptly refund all payments that we have received from you, and in no event later than fourteen (14) days from the date on which your notice of withdrawal has been received by us. We will refund the payment within fourteen (14) days after receipt of your notice of withdrawal.

 

We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; under no circumstances will you be charged fees for this refund.

 

4. Usage Fees and Payment Terms

 

4.1 The usage fees for the use of the online services of takt1 result from the information given by takt1 upon conclusion of the contract.

 

4.2 The use of the online services of takt1 within the “Free Membership” is free of charge. In comparison with the Premium Subscription according to Sec 4.4 the “Free Membership” offers a limited access to the online services of takt1. The term of the “Free Membership” is stipulated in Sec. 5.1.

 

4.3 In the “Free Membership” the User may additionally purchase individual orders of digital content (Video on Demand), i.e. so-called “premium videos” which are not contained in “Free Membership”. The term of an individual order is stipulated in Sec. 5.2.

 

4.4 The use of the online services of takt1 within the “Premium Subscription” costs a monthly fee as indicated on takt1 for one (1) month.In comparison to the “Free Membership” as in Sec. 4.2 the “Premium Subscription” offers unlimited access to the online services of takt1, i.e. the so-called “premium videos” may be used without further costs as part of the “Premium Subscription” without individual orders of digital content being required. The term of the “Premium Subscription” is stipulated in Sec. 5.1. The provisions of the Right of Withdrawal in Sec. 2.4 and Sec. 3 apply to the “Premium Subscription” accordingly.

 

4.5 The purchase price for individual orders of digital content according to Sec. 4.3, or the monthly fee for the Premium Subscription, respectively, becomes due upon order of the Premium Subscription (at the purchase price indicated after confirmation on “Order now”), and is collected from the User’s account or credit card, depending on the payment method selected by the User (see Sec. 4.6). For more details, please refer to the information given by takt1 upon conclusion of the contract.

 

4.6 The User may pay an individual order of digital content or the Premium Subscription per credit card (VISA, Mastercard) or direct debit. Installment purchases or purchases on trial are not possible.

 

4.7 Occasionally, takt1 will offer so-called gift subscriptions with various terms (see provision in Sec. 5.4).

 

4.8 The usage fees listed on takt1 for the use of the online services of takt1 are final prices containing all price components including taxes (e.g. value added tax).

 

5. Duration, Termination of Usage Contract

 

5.1 The usage contract as “Free Membership” (Sec. 4.2) does not have a fixed term and may be terminated by both parties without further notice.

 

5.2 Individual orders of digital content (Sec. 4.3) have a term as indicated by takt1 and do not extend automatically. For further details please refer to the information given by takt1 upon order.

 

5.3 The usage contract as a “Premium Subscription” (Sec. 4.4) has a term of one (1) month which shall automatically be extended by one (1) month if the User does not terminate the Premium Subscription before the end of the subscription term in writing (per e-mail to service@takt1.com). Alternatively, the User may use the termination function in the User’s user account.

 

5.4 For the exact terms of the gift subscriptions, please refer to the information given by takt1 upon conclusion of the contract. Gift subscriptions terminate after the indicated terms without further notice required.

 

5.5 If the User fails to fully or partly fulfill his payment obligations to takt1 – after being sent a reminder by mail or to the e-mail address indicated by the User, setting a reasonable period – takt1 may terminate the usage contract without further notice.

 

5.6 The User’s obligation to pay also applies to usage fees that incur from third parties using online services of takt1 liable to costs on the User’s user account, whether authorized or unauthorized, insofar as the User is responsible for such third-party usage.

 

5.7 The right of takt1 and the User to extraordinary termination of the contract without notice for good cause remains unaffected by these GTCB.

 

6. Liability, Rights and Obligations of the User

 

6.1 The User is exclusively entitled to a personal usage of the online services of takt1. A transfer of his usage data to third parties is inadmissible. The User is liable for any damages resulting from third parties gaining knowledge of the User’s password due to his/her negligent or deliberate conduct. Should the User’s password be stolen, or if the User gains knowledge of an unauthorized use of his/her password by third parties, the User must immediately inform takt1 accordingly, if possible by e-mail to info@takt1.com.

 

6.2 For using the services of takt1, the User is granted a non-exclusive and non-transferable right to use the selected content from the online services. This right of use only allows for the consumption of the selected content. Any other types of use are excluded, in particular, editing the content or making it publicly available in any kind.

 

6.3 The online services may only be used for private purposes. A use for commercial purposes is not admissible. In particular, the User is not allowed to use the services to advertise other internet sites or commercial offers.

 

6.4 For an error-free usage the following system requirements must be in place:

 

Operating system: Windows Vista, Windows 7, Windows 8, Windows 8.1, Windows 10 (Windows XP is not supported)

Browser: Internet Explorer, Version 9 (32Bit version required) or higher, Mozilla Firefox , Version 21 or higher, Google Chrome, Version 29 or higher, Edge

Video player: Silverlight Plug-In Version 5.1.

Hard disk capacity: 9 GB free storage capacity on the system hard disk

Internet connection: DSL 2000 or better

 

7. Liability, Rights and Obligations of takt1

 

7.1 takt1 reserves the right to enhance, change and/or improve the services on offer at any time, provided that such changes, in consideration of the interests of takt1, are reasonable to the User. This shall be deemed the case in particular when the changes do not result in any economic disadvantages for the User, e.g. when new and/or enhanced functions are introduced.

 

7.2 takt1 guarantees an availability of his services amounting to 99% in the annual average. Excluded are any periods in which the services are unavailable due to technical or other problems that takt1 is not responsible for.

 

7.3 takt1 may limit the access to his services, if this is required in order to maintain network security and network integrity, in particular to avoid serious disturbances to network, software or data stored, the interoperability of the services or data protection.

 

8. Final Provisions

 

8.1 takt1 reserves the right to revise these GTCB at any time and without giving reasons. The revised terms and conditions will be sent to the Users by email at the latest four weeks before they come into force. Should a User not object to the validity of the new GTCB within four weeks of receiving the email then the revised GTCB will be deemed to have been accepted. Takt1 will, in the email containing the revised terms and conditions, specifically make Users aware that they have the option of objecting and inform them concerning the significance of the four-week deadline.

 

8.2 Should individual provisions of these GTCB be or become invalid then this will not affect the validity of the remaining provisions.