GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE

 

1.          Scope of Application

1.1       These General Terms and Conditions of Business and Use (hereinafter referred to as "GTC") of LOUYZ MEDIA, owner of the unrecorded sole proprietorship with the business name "LOUYZ MEDIA", apply without exception to any form of use of the web-based application “camfy.io” (www.camfy.io).

1.2       The GTC regulate all forms of use of camfy.io. Conflicting or deviating conditions of third parties, in particular of camfy.io-users, are generally contradicted. A conclusive recognition of deviating terms and conditions by camfy.io-users is excluded, even in the case of unconditional performance by LOUYZ MEDIA. By registering with camfy.io, users agree to the GTC and the Data Protection Guideline of the Provider in the respective current version.

1.3       The GTC can be retrieved, saved and printed at any time on www.camfy.io

 

2.          Definitions

a.          camfy.io: camfy.io is a web-based relaying platform, through which photographer and videographer services can be offered and provided by independent and autonomous Providers.

b.          Operator: Operator of camfy.io is LOUYZ MEDIA, owner of the unrecorded sole proprietorship with the business name "LOUYZ MEDIA”.

c.           Provider: Any natural or legal person that uses camfy.io entrepreneurially or privately and thereby offers photographer or videographer services to Customers against payment and possess a corresponding trade licence and / or other legally required authorisations.

d.          Customer: Any natural or legal person that uses or acquires photographer or videographer services through camfy.io.

 e.          User: Any natural or legal person listed in Section 2.c. or 2.d. hereof.

f.       Service: Photographer's or videographer's services offered by Providers to Customers (e.g. creation of images and videos).

 

3.          General Information on camfy.io

 3.1       The Operator establishes contact to providers via the brokerage platform camfy.io for interested Customers who can make use of the Providers' services against payment.

 3.2       The Operator is exclusively an intermediary of contacts and provides the technical possibilities for service booking, billing, information transfer and appointment agreement or cancellation through camfy.io or the agent via E-Mail.

 Services offered by Providers through camfy.io are provided indirectly between the Provider on the one hand and the customer on the other. The resulting contractual relationship about of services as well as resulting rights, obligations and claims exist exclusively between the provider and the respective customer.

 

4.          Registration and Use by Customers

 4.1       The booking of services via camfy.io requires Customer to request with camfy.io, to agree to these GTC and to the Data Protection Guideline in the respective valid version.

 4.2       The listing and request with camfy.io as a customer or client are free of charge.

 4.3       The use of camfy.io is permitted to legal and natural persons for private as well as for professional or commercial use. The services of camfy.io and their use in respect of natural persons is reserved exclusively for natural persons who are of legal age and legally competent.

 4.4       The information required from Customer for the registration, listing and creation of a user account includes name, surname, nickname (pseudonym or alias), e-mail address, city as well as a self-chosen password. In this context, each Customer is obliged to ensure that all data and account information specified in his customer account stay always current, complete and true.

 Should the account data and information no longer be current, complete and true, or should the payment data have expired, be out of date or invalid, Operator reserves the right to close established customer accounts and to terminate concluded contracts with Customer without notice, or to refuse access to the parts of camfy.io that require registration.

 Furthermore, Customer is obliged to handle access data to his customer account and, in particular his password confidentially and to protect them from access by third parties. When suspected that third parties could have gained unauthorized knowledge of the Customer’s account and of the password, or in case of password loss, Operator must be informed immediately. In general, Customer shall be liable for the use of his customer account by third parties, unless he is demonstrably not responsible for the third-party use.

 4.5       By entering the data specified in Section 4.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator, User confirms the registration by clicking on the "sign up as a artist," button. A free of charge contract between Customer and Operator is hereby concluded. In order to confirm the accuracy and completeness of the data, Customer shall receive an automated verification-link to the e-mail address specified by him. For activating the customer account, the verification-link has to be confirmed by Costumer. If the transmitted verification-link is not activated, Customer account will not be enabled, and camfy.io cannot be used any more. Non-verified accounts will be automatically deleted after 48 (forty-eight) hours from transmittal of the verification link to Customer.

 4.6       All customer data is treated strictly confidentially by Operator. The data is stored on servers in the European Union. The corresponding Data Protection Guideline of Operator applies.

 4.7       The examination of Providers’ camfy.io profiles is free of charge for Customer.

 The use of services from Providers through camfy.io is in return for payment. The costs incurred by Customer resulting from use of such Services are those listed in the respective profile of Provider or special offer by our agent. In order to make use of the Services advertised on camfy.io, Customer must have previously deposited his valid credit or debit card number in the booking process.

 This credit or debit card data is not collected by Operator itself, but by the certified payment service provider appointed by the operator, "Stripe Payments Europe Ltd.", 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, e-mail: [email protected]. The Operator itself has no access to Customer's credit or debit card data.

 4.8       Customer expressly agrees that Operator acts as the collection agent of Provider and expressly agrees to the debit of all fees for Services (arranged by the Operator of camfy.io) by "Stripe Payments Europe Ltd.". Operator assumes no liability for the correctness, completeness and security of the processes carried out by "Stripe Payments Europe Ltd".

4.9       The entire correspondence between Operator and Customer is carried out via the e-mail address deposited in the customer account. Customer has access or on request with he agent to his Customer account at any time by means of his personal password and can view, change and update all master data and other data there.

 

5.          Customer Obligation

 5.1       Customer is obliged to behave appropriately and in accordance with the GTC, the Data Protection Guideline and the applicable statutory provisions. Furthermore, Provider is obliged to keep all usage data - in particular the password - safe and confidential.

 5.2       The use of the Customer account is exclusively reserved to the registered Customer himself. A transmission or passing on of data of the customer account to third parties, in particular the login information and the password, is expressly prohibited.

 If Operator becomes aware of transmission or passing on of customer account data, Operator can terminate the contract with Customer without prior notice and ban Customer from participation in camfy.io or other services of Operator permanently. Each Customer can only register once, multiple registration on camfy.io as Customer, e.g. by means of different e-mail addresses, addresses and/or credit or debit card data, is expressly forbidden.

 5.3       Customer undertakes to inform Operator immediately of any suspicion of misuse of his customer account by third parties. This can be done, for example, by sending an e-mail to [email protected] with the corresponding information.

 5.4       Customer undertakes to make complete, correct and truthful statements in his profile or register-form and to behave appropriately towards providers, i.e. in particular to refrain from any form of inappropriate, harassing, defamatory, insulting or other illegal or offensive actions, otherwise Customer being excluding from camfy.io immediately and permanently.

 5.5       Customer undertakes not to transmit any data that violates the rights of third parties. Furthermore, Customer shall refrain from disseminating damaging files, data and content, in especially harmful, viruses and trojans, through camfy.io.

 

6.          Contractual Obligations between Customer and Provider

 6.1       It is noted that Services advertised on camfy.io by Providers do not represent a legally valid and binding offer. The advertised Services purpose information and presentation of Providers only. If Customer intends to make use of a Service by booking a Provider, booking should be understood as an offer to Provider to conclude a contract for work, whereby this offer must first be accepted by Provider. Provider is not obliged to accept the offer from Customer.

 6.2       The visit of camfy.io and the review of all profiles by sending them through the agent of Providers is free of charge. Customers have the possibility to request and select providers arbitrarily according to availability regarding the desired date, place and duration. However, Customer has no legal claim to the availability of Provider, i.e. it is completely up to Provider whether and when and to what extent he will offer his services to potential Customers. Furthermore, Provider is free not to answer appointment requests from Customers or to reject Customers without giving good reasons. While the agent of camfy.io will even answer the request.

 6.3           The fee stated in Provider's profile (hereinafter referred to as the "Fee") for Services mediated by Operator to Customer is determined solely by Provider; Operator has no influence on the fee. The Fee includes all costs incurred by Customer, in particular any levies, taxes and transaction costs for payment transactions except the booking fee by camfy.io. The Fee is visible as a net total amount during the booking process and is to be paid to Operator by the respective Customer, whereby Operator has not been commissioned by the respective Provider with the collection of the Fee and is expressly entitled to do so.

 6.4       In the event that a registered Customer intends to arrange an appointment with a Provider, Customer must request a photographer on camfy.io, then enter the location, photo or videography category, desired time, booking duration and number of extra pictures in the booking mask and press the "SEND REQUEST" button to complete the booking/request process. By pressing the button "SEND REQUEST", Customer submits a binding offer to Provider through the agent for the use of the offered Service at the stated rate.

 Camfy.io now receives an immediate automatic notification via e-mail that Customer wants to make an appointment with a photographer or videographer. Camfy.io must answer the bookingrequest within 24 (twenty-four) hours through via E-Mail. With the confirmation of the appointment by Provider, which is regarded as an explicit acceptance, a contract of work between Provider and Customer is concluded between the aforementioned parties and the credit or debit card of the Customer is charged with the corresponding fee.

 6.5       Customer is entitled to cancel an already booked and paid appointment free of charge through camfy.io up to 48 (fourty-eight) hours before the start of the appointment. Cancellations less than 48 (fourty-eight) hours before the start of the appointment are excluded without exception. In the event of cancellations less than 48 (fourty-eight) hours before the booked appointment no refund will be made to Costumer and the already paid fee will be passed on to Provider. The booking fee is not refundable.

6.6       If Provider fails to appear, for whatever reason, at the arranged appointment, Costumer will receive a full refund of the already paid fee except the booking fee. However, if Costumer fails to appear, for whatever reason, at the arranged appointment, Provider will be entitled to the agreed fee.

 6.7       The time of uploading the image and video files to Customer's online storage is deemed to be the completion of the Service. The image and video uploaded to the online storage can be downloaded and saved locally by Customer within a maximum of 30 (thirty) days. After that period all files will be deleted irrevocably from the online storage without affecting the Provider's fee claim. It is up to Customer to download and save images and videos in time. Customer will receive an automatized reminder e-mail seven days before any deletion of files.

 6.8       Provider is the sole and exclusive contractual partner of Customer within the scope of the present Service, which is brokered via camfy.io. Any form of claims arising from the contractual relationship between Provider and Customer, of whatever nature, in particular due to defective performance, shall be directed exclusively against Provider himself and asserted against him. Operator has no knowledge of the actual content of the Services provided to Customers.

6.9       Operator acts only as an intermediary for camfy.io and enables contact between Providers and Customers through camfy.io. In addition, Operator is responsible for the debt collection on behalf of Provider. The invoicing to Customer always occurs directly between Provider and Costumer. The invoice issued to Customer must comply with all legal requirements at the place of performance of Service and should be transmitted to Costumer via e-mail.

 Customer confirms and declares explicitly and irrevocably that he agrees that Operator himself does not offer any Services on camfy.io and that all Services offered on camfy.io, of whatever kind, are offered and provided exclusively by independent Providers which have no direct or indirect service contract connection to Operator.

 6.10    Operator expressly points out that the continuous use of chargeable Services on camfy.io can lead to high financial burdens for the Customer. Customer is responsible for his own behaviour regarding the use of chargeable Services and must monitor this matter personally.

 

7.          The Right of Withdrawal

 If User is a consumer within the meaning of § 1 of the Austrian Act on Consumer Protection (Konsumentenschutzgesetz), User is entitled to withdraw from a contract concluded with the Provider pursuant to § 11 (1) FAGG.

 User shall exercise his right of withdrawal against the Provider within 14 days from the time of the conclusion of the contract by a declaration in the sense of § 13 Abs 1 FAGG, for which the following contact possibilities are announced:

LOUYZ MEDIA
[email protected] 

All payments made by Customer based on the contract will be refunded by Operator to Customer within 14 days from the date of the withdrawal notice, using the same means of payment as used by Customer for the original payment.

 Before transferring the appointment request to Provider, Customer will be asked whether he expressly waives his right of revocation, in case Costumer wishes to use the Service immediately within 14 days of the appointment booking. In particular, Customer hereby receives information on his right of withdrawal, the time limits and the procedure for exercising this right by providing the sample revocation form in accordance with FAGG Appendix I, Part B, as well as on the obligation to carry the proportionate costs for Services already rendered. By pressing the button "I waive my right of withdrawal and request the commencement of Services before expiry of the 14-day withdrawal period, the Customer's right of withdrawal is excluded in a legally effective manner”.

 

8.          Registration, Request and Use by Providers

8.1       camfy.io shall only be used by User after giving consent to these GTC and the Privacy Policy of Operator. 

8.2       The advertising of Services via camfy.io requires the Provider to register with camfy.io, to agree to these GTC and to the Data Protection Policy in the respective valid version, and to deposit valid bank details. The registration with camfy.io as a Provider is chargeable pursuant to section 10.5 of these GTC.

8.3       The provision of Services through camfy.io and the use of camfy.io by Providers is reserved to legal and natural persons, for private as well as for professional or commercial use. The provision of Services through camfy.io and the use of camfy.io in respect of natural persons is reserved exclusively for natural persons who are of legal age and legally competent. Provider offers his services under his own and sole responsibility.

 8.4       In order to be able to use camfy.io as a Provider and to offer Services through camfy.io, it is necessary to create and list a personal profile and provide Operator with the relevant information to enable Operator to act as a commercial agent. The information necessary for the registration and creation of a provider account includes name, date of birth, e-mail address, postal address, postal code, city and country as well as a self-chosen password. In this context, Provider is obliged to ensure that all data and account information specified in its customer account are always current, complete and true.

Should the account data and information no longer be current, complete and true, or should the bank data have expired, be out of date or invalid, Operator reserves the right to close established provider accounts and to terminate the concluded contract with Provider without prior notice, or to refuse access to the parts of camfy.io that require registration.

Furthermore, Provider is obliged to handle access data to his provider account and in particular his password confidentially and to protect them from access by third parties. When suspected that third parties could have gained unauthorized knowledge of Provider’s account and in particular of the password, or in case of password loss, Operator must be informed immediately. In general, Provider shall be liable for the use of his provider account by third parties, unless he demonstrably not responsible for the third-party use.

 8.5       By entering the data specified in Section 8.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator, User confirms his registration by clicking on the "SIGN UP AS A ARTIST" button. A chargeable contract between Provider and Operator is hereby concluded. In order to confirm the accuracy and completeness of the data, Provider shall receive an automated confirmation-email to the e-mail address specified by him.

 8.6       All correspondence between the Operator and the Provider is carried out via the e-mail address deposited in the provider account. Provider has access to his provider account at any time by means of his personal password and can view, change and update all master data and other data there.

 

9.          Obligations of the Provider

 9.1       Provider is obliged to behave appropriately and in accordance with the GTC, the Data Protection Guideline and the applicable statutory provisions. Furthermore, Provider is obliged to keep all usage data - in particular the password - safe and confidential.

 9.2       The use of the provider account is exclusively reserved to the registered Provider himself. A transmission or passing on of the data of the provider account to third parties, in particular the login information and the password, is expressly prohibited.

 If Operator becomes aware of transmission or passing on of provider account data, Operator can terminate the contract with Provider without prior notice and ban Provider from participation in camfy.io or other services of the Operator permanently. Each Provider can only register once, multiple registration on camfy.io as Provider, e.g. by means of different e-mail addresses, addresses and/or bank data, is expressly forbidden.

9.3       Provider undertakes to inform Operator immediately of any suspicion of misuse of his provider account by third parties. This can be done, for example, by sending an e-mail with corresponding information to [email protected]

 9.4       Provider undertakes not to transmit any data that violates the rights of third parties. In addition, Provider must refrain from disseminating damaging files, data and content, in particular malware, viruses or Trojans, via camfy.io.

 

10.       Commissioning and Fee of the Operator as Commercial Agent

 10.1    Operator is non-commissioned and authorized by Provider to mediate the services of Provider worldwide on camfy.io in the name and for the account of Provider.

 The mediation takes place in the name and on account of Provider. Operator as a commercial agent carries out his activity on the basis of an existing commercial agent licence.

 10.2    Operator shall safeguard the interests of Provider in this context with the diligence of a prudent businessman. Provider is responsible for observing and complying with the rules of fair competition.

 10.3    As a commercial agent[1], Operator collects the fee specified by the Provider on the basis of Provider's details.

 10.4    The Provider has no commission to pay. The Provider receive by Operater the gross booking costs except the agency fee.

 10.5    Provider is solely and personally responsible for the proper invoicing and taxation of all fees received through camfy.io, of whatever nature, as well as the payment of all taxes and duties. In this respect, Provider undertakes to indemnify and hold Operator harmless.

 10.6    The Fee is 10% per booking and paid by the customer.

 10.7    By registering, Provider assures Operator that he fulfils the legal requirements required for the Services offered. In addition, Provider shall indemnify Operator and persons attributable to him against all claims, liability and compensation claims arising from the use of and / or the offer of Services on camfy.io for the fulfilment of his tasks.

 The liability of Operator and persons attributable to him is limited to intent or gross negligence in regard of property damages; liability for slight negligence is expressly excluded.

 

 

11.       Intellectual Property

 11.1    By uploading or sharing image or video files to the Consumer’s online storage, Provider grants Consumer the free, irrevocable, transferable as well as temporally, spatially and contentwise unrestricted right of use to reproduce, distribute, send, present and make available to the public the images and videos, including at exhibitions and fairs, in publications, promotional and PR materials, in printed works and on the internet.

 11.2    In addition, by uploading image or video files to the online storage, Provider also grants Operator the free, irrevocable, transferable as well as temporally, spatially and contentwise unrestricted right of use to reproduce, distribute, send, present and make available to the public the images and videos for advertising purposes on social media platforms such as Instagram, Facebook or Google.

 

12.       Warranty and Liability

12.1    All statements by Provider that are visible in the respective profile on camfy.io and all the Services offered by Provider, of whatever kind, are made exclusively by provider himself. Operator therefore assumes no liability or guarantee for the accuracy and completeness of the information provided by Provider, eg regarding their qualifications and experience.

 Based on the information provided in the profile of Providers, Customer can at their own responsibility obtain research on the respective Provider and his competence. If information in profiles does not meet camfy.io's standards or is incomprehensible or has been entered incorrectly, Operator is entitled to adapt or change it without the express consent of Provider.

 12.2    Furthermore, Operator does not check Providers for the existence of any certificates of competence, professional approvals, qualifications, trade licences or the like.

 Each Provider is therefore exclusively, personally and solely liable for the accuracy and completeness of information provided by him. Moreover, he is liable that, if required by law, he has the appropriate qualifications or trade licenses for Services, which he provides through camfy.io. Any claims of any kind whatsoever, due to incorrect or incomplete information or inadequate qualification of Provider, are to be directed exclusively against Provider.

12.3    The Operator does not assume any liability or guarantee for the quality of the Services mediated via camfy.io and offered by Providers, not even for the professional qualification, suitability or methodology, or for any success or damages related to Services provided. Provider is solely liable to Customers and to Operator for the correctness and legality of his profile information, content and offers as well as their Services and for the possession of all legal authorizations, in particular under commercial law.

 12.4    Operator reserves the right to change offers, services and functions of camfy.io at any time without notice or to discontinue them temporarily or permanently. Furthermore, Operator is not responsible or liable for ensuring that the technology and software made available on camfy.io is free of objections and malfunctions. Since operator is also dependent on third party software components for his technology, operator is only liable for any technical failures or malfunctions or any damages to property he causes in case of gross negligence or intent.

 

13.       Maintenance Service

 13.1    Operator makes every effort to ensure trouble-free use of camfy.io. User accepts that regular maintenance and repair work as well as updates to the software, technology and architecture of camfy.io must take place, which may lead to temporary restrictions on use or to a complete shutdown of camfy.io.

 13.2    Operator therefore does not guarantee uninterrupted and trouble-free operation of camfy.io or unrestricted availability. Section 12.4 last sentence hereof applies to any interruptions or troubles in connection with the operation of camfy.io.

 

14.       Termination of Contract

 

14.1    The contractual relationship between Operator and Provider as well as between Operator and Customer is concluded for indefinite time. It can be terminated at all times subject to a term of 14 (fourteen) days (proper notice of termination).

 14.2    All parties to the contract are also entitled to terminate the contractual relationship with immediate effect, if there is an important reason which makes it appear unreasonable to continue the contractual relationship. This is particularly the case if parties

 §    violate the law, the GTC and / or DPG

§    provide false or misleading information, register multiple times or fraudulently;

§    behave inappropriately towards other parties, harass them or take criminal action against them in the course of services provided through camfy.io;

§    transfer or pass on data of the user account to third parties, in particular the login information and the password;

§    disseminate damaging files, data and content, in particular malware, viruses, trojans, through camfy.io;

§    fail to meet their payment or Service obligations on time despite a written reminder;

§    render grossly defective Services despite a written reminder;

§    remain inactive for more than one year after registration with camfy.io;

§    within the framework of camfy.io act in violation of criminal, civil and or tax law;

§    entice customers away for other competitors or actively try enticement.

 

15.       Changes to the GTC

 15.1    Changes to these GTC are possible at any time and become legally effective 14 (fourteen) days following the initial publication. camfy.io will communicate all notices about changes to GTC within reasonable time to Users via e-mail.

 15.2    If User does not intend to accept amended GTC, user is entitled to terminate the contractual relationship with immediate effect not later than 14 (fourteen) days after having been informed via e-mail about the amendment of GTC.

 

16.       Applicable law and Place of Jurisdiction

 16.1    These GTC are subject to Austrian law to the exclusion of the reference standards of international private law (IPRG) and the UN Convention on Contracts for the International Sale of Goods (CISG).

 16.2    All disputes arising out of or in connection with these GTC, including disputes concerning the existence or non-existence of these GTC, their violation, dissolution or nullity, shall be subject to the exclusive jurisdiction of the competent court at the registered office of Operator, provided that User is a businessman in the sense of the Austrian Consumer Protection Act (Konsumentenschutzgesetz).

 

17.       Final Provisions

 17.1    In case any provision of these GTC is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In such case, the contracting parties shall endeavour to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the provision to be replaced. This shall apply mutatis mutandis in the event of loopholes.

 17.2    Changes, additions and/or collateral agreements to these GTC must be made in written form. This shall also apply to a complete or partial amendment or cancellation of this written form requirement. Verbal collateral agreements to these GTC do not exist.

 17.3    Any declarations that shall be made in written form according to these GTC can also be made by e-mail.

 

October 2023