General Terms and Conditions for the use of Great Couple

• 1 Subject matter of the General Terms and Conditions
• Iana Besarabet (hereinafter referred to as the “Agency”) provides a platform on https://great-couple.com/ (hereinafter referred to as the “Portal”) through which duly registered users (hereinafter referred to as the “Client”) can contact and communicate with each other. The Agency acts here as an intermediary for partnerships or acquaintances and makes its database of interested parties available to the Customer for this purpose.

Customers can create individual personal profiles, access content available on the portal and use the other free and paid services currently available on the portal within the scope of their respective availability. Further information on the services can be found in the service description in § 8 of these General Terms and Conditions.

• These General Terms and Conditions govern the provision of services by the agency and the use of these services by the customer as a duly registered user.
• Information about the agency can be found here (link to imprint).
• 2 Amendments to the General Terms and Conditions

In the event of changes in VAT, the Agency shall be entitled to adjust the remuneration for paid services accordingly.

• 3 Authorization to register
• The use of the services available on the portal requires the customer to register. There is no entitlement to use. The agency is entitled to reject membership applications without giving reasons.
• Customers are only permitted to register if they are of legal age and have unlimited legal capacity. Minors are not permitted to register. In the case of a legal entity, registration must be made by a natural person with unlimited legal capacity and power of representation.
• 4 Customer registration on the portal
• The agency offers customers the choice between a Gold membership and a Fortuna membership. Registration on the portal is free of charge. Access to the respective memberships is subject to a fee.

The user fee currently payable for the respective membership is displayed to the customer during the registration process. The user fee for the fee-based memberships (Gold and Fortuna) can be found at https://great-couple.com/. The agency reserves the right to increase the user fee, but only if this increase is reasonable for the customer, taking into account the interests of the agency. This is only the case if there is a valid reason for the increase in the usage fee. Further details on the respective service offer can be found under § 8.

Please note: If the registration for access is for a purpose that cannot be attributed to the customer’s commercial or independent professional activity, the customer has a statutory right of withdrawal. You can find more information on the right of withdrawal and the withdrawal policy here (link to the withdrawal policy) and under § 26.

• The contact details and other information requested by the agency during the registration process must be provided completely and correctly by the customer. When registering a legal entity, the natural person authorized to represent it must also be stated.
• Once the customer has provided all the data requested, the agency checks it for completeness and plausibility. If the information is correct from the agency’s point of view and there are no other concerns from the agency’s point of view, the agency shall activate the access requested by the customer and notify the customer of this by e-mail. The e-mail shall be deemed acceptance of the customer’s application for use. Upon receipt of the e-mail, the customer shall be entitled to use the portal within the scope of these General Terms and Conditions. For this purpose, the customer must confirm his activation in advance by clicking on the link contained in the e-mail.
• 5 Responsibility for the access data
• During the registration process, the customer will be asked to provide a user name and password. The customer can use this data to log in to the portal after activating their access and confirming it in accordance with § 4 (3). It is the customer’s responsibility to ensure that the user name does not infringe the rights of third parties, in particular name or trademark rights, and does not offend common decency.
• The access data, including the password, must be kept secret by the customer and must not be made accessible to unauthorized third parties.
• It is also the responsibility of the customer to ensure that access to the portal and the use of the services available on the portal is carried out exclusively by the customer or by persons authorized by the customer. If it is to be feared that unauthorized third parties have gained or will gain knowledge of the customer’s access data, the agency must be informed immediately by the customer.

The customer is liable for any use and/or other activity carried out under his access data in accordance with the statutory provisions.

• 6 Updating customer data

The customer is obliged to keep their data (including their contact details) up to date. If a change to the data provided occurs during the period of use, the customer must correct the information immediately in his personal settings on the portal. If the customer is unable to do so, please inform us immediately by e-mail of the changed data.

• 7 Termination of use/contractual term
• The customer is entitled to terminate the contract for free registration at any time with immediate effect.
• The fee-based memberships Chance, Fortuna, Absolut and Gold can currently be entered into for the following contract periods:
• Chance membership: The contract term is 1 month (in words: one month) and ends automatically at the end of the contract period entered into without the customer having to give notice.
• Fortuna membership: The contract period is 3 (in words: three) months. Fortuna membership ends automatically at the end of the contract period entered into without the customer having to give notice of termination.
• Absolute membership: The contract period is 6 (in words: six) months. The Absolute membership is automatically extended for an indefinite period. The customer has the right to terminate the extended contractual relationship at any time with a notice period of one month.
• Gold membership: The contract term is 12 (in words: twelve) months and is automatically extended for an indefinite period, whereby the customer is granted the right to terminate the extended contractual relationship at any time with one month’s notice.
• The right to extraordinary termination remains unaffected.
• 8 Range of services and availability of services
• The agency provides the customer with various information and other services for use. Such services may include, for example, making available data, contributions, image and sound documents, information and other content (hereinafter collectively referred to as “content”), the possibility of creating individual profiles and contacting other customers by writing personal messages.

The content and scope of the services are determined by the respective contractual agreements, and otherwise by the functionalities currently available on the portal.

Both free and fee-based services are available to the customer on the portal. Paid services are marked as such. Regulations on their use can be found in § 12.

• The services available on the portal may also include third-party services to which the Agency merely provides access. For the use of such services – which are identified as third-party services in each case – regulations deviating from or additional to these General Terms and Conditions may apply, to which the Agency shall draw the Customer’s attention in each case.
• The agency’s extended range of services can only be used with Gold and Fortuna membership. The agency makes messages from customers available for retrieval by the other named customer and informs the named customer by e-mail that a message is available for retrieval on the agency’s platform. The respective messages can only be accessed via the agency’s platform. The agency’s services include matchmaking.

Advertising, competitions or cooperations that are provided by third parties via advertising media or links and link to external offers are not part of the services presented by the agency.

1. Agency services within the Gold membership

• Personal interview with the customer
• Personal advice during the entire contract period (especially before and after a meeting)
• Individual search for the desired partner
• at least ten proposals from suitable women
• all women proposed by the agency are willing to meet in person
• the first meeting is organized by the agency and is initially moderated by the service provider
• Feedback analysis after the first meeting
• All women proposed by the agency have undertaken to look for a suitable partner only with the agency.
• Arrangement of an interpreter if required

1. Agency services within the Fortuna membership:

• Personal interview with the customer
• Individual search for the desired partner
• at least two proposals from suitable women
• all women suggested by the agency are willing to meet in person
• the first meeting is organized by the agency and is initially moderated by the agency
• Feedback analysis after the first meeting
• All women proposed by the agency have undertaken to look for a suitable partner only with the agency.
• Arrangement of an interpreter if required
• For fee-based memberships, the agency guarantees an average monthly availability of 99% within its area of responsibility. The regular maintenance windows of the web portal, which are every Sunday between 2:00 and 4:00 a.m., are not included in the calculation of availability.

Furthermore, the user is entitled to use the services available on the portal within the scope of the technical and operational possibilities of the agency. The Agency shall endeavor to ensure that its services can be used without interruption as far as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).

• 9 Changes to services

The agency is entitled at any time to change services provided free of charge on the portal, to make new services available free of charge or for a fee and to discontinue the provision of free services. The Agency shall take into account the legitimate interests of the customer in each case.

• 10 Protection of content, responsibility for third-party content
• The content available on the portal is predominantly protected by copyright or other intellectual property rights and is the property of the agency, the other users or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of Sections 4 (2) and 87a (1) UrhG. The customer may only use this content in accordance with these General Terms and Conditions and within the framework specified on the portal.
• The content available on the portal originates partly from the agency and partly from other customers or other third parties. Content from clients and other third parties is hereinafter collectively referred to as “third-party content”. The Agency does not check Third Party Content for completeness, accuracy and legality and therefore assumes no responsibility or warranty for the completeness, accuracy, legality and timeliness of Third Party Content. This also applies with regard to the quality of the third-party content and its suitability for a specific purpose, and also insofar as it concerns third-party content on linked external websites.

All content on the portal is third-party content, with the exception of content with a copyright notice from the agency.

• 11 Scope of permitted use, monitoring of usage activities
• The customer’s right of use is limited to access to the portal and to the use of the services available on the portal within the scope of the provisions of these General Terms and Conditions.
• The customer is responsible for creating the technical conditions necessary for the contractual use of the services in his area of responsibility. The agency does not owe the customer any advice in this regard.
• The agency points out that the customer’s usage activities may be monitored to the extent permitted by law. This may also include the logging of IP connection data and call histories as well as their evaluation in the event of a concrete suspicion of a breach of these General Terms and Conditions and/or in the event of a concrete suspicion of the existence of another illegal act or criminal offense.
• 12 Use of chargeable services
• The agency offers both free and fee-based services on the portal. The retrieval of content (e.g. screen display, printing and/or downloading) may also incur costs.

The applicable prices can be found in the price list, which the customer receives by e-mail in PDF format after registration and, if applicable, in an updated version thereafter.

The use of the services available within the fee-based memberships is covered by the monthly usage fee. If the use of a service (including the retrieval of content) is subject to a charge as part of the free login/registration, the customer will receive an online notification of the costs incurred, the terms of payment and other relevant details before access to the respective service is granted. Only then does the customer have the option of using the respective service by clicking on the corresponding button.

Please note: By clicking on the corresponding button, on which the word “Order with obligation to pay” is clearly legible, the customer makes a binding declaration that they wish to make use of the respective service. By doing so, the customer bindingly accepts the agency’s offer to provide the chargeable service and a further contractual relationship is created. These General Terms and Conditions shall also apply to this contractual relationship, as well as any further conditions about which the agency will inform the customer before the service is used.

If the customer does not wish to use the fee-based service, they can return to the free services by clicking on the corresponding button or by using the “back” button on their browser.

• All fees quoted include the applicable statutory value added tax.
• The fee for the chargeable services used by the customer will be charged to the credit card provided when registering or before using the service. The invoice for the fee-based services used can be accessed by the customer in their personal area. Gold membership also offers the option of paying in installments.
• In the event of default, the Agency shall be entitled to demand default interest in the amount of 5 percentage points above the base interest rate for consumers and 9 percentage points above the base interest rate for entrepreneurs, unless the customer proves lower damages or the Agency proves higher damages.
• The customer is only permitted to offset undisputed or legally established counterclaims. The customer may only assert a right of retention if it is based on the same contractual relationship.
• 13 Creation of user profiles
• If available as a functionality on the portal, the customer can customize his user profile according to his own ideas within the framework of these General Terms and Conditions, whereby the restrictions of § 16 must be observed.
• As a rule, the agency does not verify the identity of the profile owners or the information in the profiles. The agency therefore provides no guarantee that each profile owner is the person that the respective profile owner claims to be.
• The agency offers customers the option of making separate privacy settings for their own profile and profile pictures. It is possible to display the complete profile and own pictures exclusively to registered customers of the agency. If a customer sets these settings to “public”, the complete profile or picture will also be shown to non-registered visitors. Otherwise, only the pseudonym is displayed in the public area. The default setting for new registrations is that full profiles are only displayed to registered customers, but images are displayed to all visitors. This serves to draw the attention of non-registered visitors to the range of services offered and thus increase the chances of a registered customer making contact. By logging in/registering on the https://great-couple.com/ website, the customer expressly consents to the publication of profile data and profile pictures.
• 14 Posting of own content by the customer
• To the extent that functionality is available on the portal, the customer may post content on the portal and thus make it available to third parties, subject to the following provisions.
• By posting content, the customer grants the agency a free and transferable right of use to the respective content, in particular
• to store the content on the agency’s server and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the portal)
• to edit and reproduce, insofar as this is necessary for the provision or publication of the respective content on the portal, and
• for the granting of rights of use – also for a fee – to third parties for your content in accordance with § 15.

If the customer removes the content posted by him from the portal, the right of use and exploitation granted to the agency above shall expire. However, the Agency shall remain entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to customers in respect of the content they have posted shall also remain unaffected.

• The customer is fully responsible for the content posted by him. The agency does not check the content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.

The customer therefore declares and guarantees to the agency that he is the sole owner of all rights to the content he has posted on the portal, or that he is otherwise authorized (e.g. by effective permission from the rights holder) to post the content on the portal and to grant the rights of use and exploitation in accordance with the above paragraph (2).

• The Agency reserves the right to refuse to post content and/or to edit, block or remove content already posted (including private messages) without prior notice if the posting of the content by the Customer or the posted content itself has led to a violation of Section 16 or if there are concrete indications that a serious violation of Section 16 will occur. The Agency shall, however, take into account the legitimate interests of the customer and choose the mildest means of defense against the violation of § 16.
• 15 Right of use of content available on the portal
• Unless further use is expressly permitted in these General Terms and Conditions or on the portal or is enabled on the portal by a corresponding function (e.g. download button),
• the customer may access and display the content available on the portal online for personal purposes. This right of use is limited to the duration of his contractual use of the portal;
• the customer is prohibited from editing, modifying, translating, presenting, publishing, exhibiting, reproducing or distributing the content available on the portal in whole or in part. It is also prohibited to remove or alter copyright notices, logos and other marks or protective notices.
• The customer is only entitled to download content (“download”) and to print content if a download or print function is available on the portal (e.g. by means of a download button).

The customer shall receive an unlimited and non-exclusive right to use the content duly downloaded or printed out by the customer for their own, non-commercial purposes. In the case of content that is provided to the customer for a fee within the scope of membership as a user, this granting of rights is also subject to full payment of the respective content. Otherwise, all rights to the content remain with the original rights holder (the agency or the respective third party).

• The mandatory statutory rights of the customer (including reproduction for private and other personal use in accordance with § 53 UrhG) remain unaffected.
• 16 Prohibited activities
• The services available on the portal are intended exclusively for non-commercial use by the customer. Any use for or in connection with commercial purposes is prohibited to the customer, unless such use has been expressly permitted to the customer by the agency in writing in advance. Unauthorized commercial use includes in particular
• all offers and advertisements of paid content, services and/or products, both the customer’s own and those of third parties,
• all offers, applications and implementation of activities with a commercial background such as competitions, raffles, swaps, advertisements or snowball systems, and
• any electronic or other collection of identity and/or contact data (including e-mail addresses) of users (e.g. for sending unsolicited e-mails).
• The customer is prohibited from any activities on or in connection with the portal that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, the customer is prohibited from the following actions:
• the posting, distribution, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
• the use of content that insults or defames other users or third parties;
• the use, provision and distribution of content, services and/or products that are legally protected or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.
• Furthermore, the customer is also prohibited from the following activities when posting his own content on the portal and when communicating with other users (e.g. by sending personal messages), irrespective of any violation of the law:
• the spread of viruses, Trojans and other malicious files;
• the sending of junk or spam e-mails and chain letters;
• the dissemination of lewd, offensive, sexually explicit, obscene or defamatory content or communication as well as content or communication that is likely to promote or support racism, fanaticism, hatred, physical violence or unlawful acts (either explicitly or implicitly);
• the harassment of other users, e.g. through repeated personal contact without or contrary to the reaction of the other user, as well as the promotion or support of such harassment;
• requesting other users to disclose passwords or personal data for commercial or illegal or unlawful purposes;
• the distribution and/or public reproduction of content available on the portal, unless this is expressly permitted by the respective author or expressly made available to you as a functionality on the portal.
• The customer is also prohibited from any action that is likely to impair the smooth operation of the portal, in particular from placing an excessive load on the agency’s systems.
• Should the customer become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the portal, please contact the agency. The agency will then investigate the matter and take appropriate action if necessary.
• If there is a suspicion of illegal or punishable acts, the agency is entitled and, if necessary, obliged to check the customer’s activities and, if necessary, to take appropriate legal action. This may also include forwarding the facts of the case to the public prosecutor’s office.
• 17 Blocking of access
• The agency may temporarily or permanently block the customer’s access to the portal if there are concrete indications that the customer is violating or has violated these General Terms and Conditions and/or applicable law, or if the agency has another legitimate interest in blocking access. When deciding whether to block the portal, the Agency shall give due consideration to the legitimate interests of the customer.
• In the event of temporary or permanent blocking, the agency shall block the customer’s access authorization and notify the customer of this by e-mail.
• In the event of temporary blocking, the agency reactivates the access authorization after the blocking period has expired and notifies the customer of this by e-mail. Permanently blocked access authorization cannot be restored. Permanently blocked persons are permanently excluded from using the portal and may not register on the portal again.
• 18 Data protection and confidentiality
• One of the agency’s quality standards is to handle customers’ personal data responsibly.
• The contracting parties shall maintain confidentiality regarding all information to be treated as contractual that comes to their knowledge within the scope of the contractual relationship and shall only use such information vis-à-vis third parties with the prior written consent of the other party.
• Upon termination of the contract, the agency shall delete or destroy all customer data in its possession. The deletion or destruction shall be documented in writing by the Agency and evidence thereof shall be provided to the Customer. Data carriers provided to the Agency shall be returned to the Customer. In addition, the Agency refers to its data protection declaration, which can be accessed at (link to data protection declaration). It can also be requested by e-mail, telephone or post as a digital document or in paper form.
• 19 Limitation of liability for free services

If the customer suffers damage through the use of services made available free of charge on the portal (including the retrieval of free content), the agency shall only be liable insofar as the customer’s damage has arisen due to the contractual use of the free content and/or services and only in the event of intent (including fraudulent intent) and gross negligence on the part of the agency.

• 20 Limitation of liability for chargeable services

In the context of the use of chargeable services (including the retrieval of chargeable content) by the customer, the agency shall be liable in accordance with the following provisions:

• The agency shall be liable without limitation for damages caused by the agency or its legal representatives, executive employees or simple vicarious agents intentionally or through gross negligence.
• The Agency shall not be liable in cases of slightly negligent breach of only insignificant contractual obligations. Otherwise, the Agency’s liability for damages caused by slight negligence shall be limited to those damages that must typically be expected to occur within the scope of the respective contractual relationship (foreseeable damages typical for the contract). This also applies to slightly negligent breaches of duty by the Agency’s legal representatives, executive employees or simple vicarious agents.
• The above limitation of liability shall not apply in the event of fraudulent intent, in the event of bodily injury or personal injury, for the breach of guarantees and for claims arising from product liability.
• 21 Written form requirement

Unless expressly stated otherwise in these General Terms and Conditions, all declarations made in connection with the use of the portal must be made in writing or by e-mail. The agency’s e-mail address is: info@great-couple.com. The agency’s postal address is: Address, zip code, town. We reserve the right to change the contact details. In the event of such a change, the agency will inform the customer accordingly.

• Section 22 Severability clause

Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. In place of the invalid provision, a valid provision shall be deemed to have been agreed which comes closest to the economic intentions of the parties.

• Section 23 Applicable law

These General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

• 24 Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from these General Terms and Conditions shall be the registered office of the Agency, insofar as such an agreement on the place of jurisdiction is permissible.

• 25 Consumer arbitration, information in accordance with § 36 VSBG

For out-of-court dispute resolution, the system in accordance with Regulation (EU) No. 524/2013 is available at https://ec.europa.eu/consumers/odr. Our e-mail address is: info@great-couple.com

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board in accordance with Section 36 (1) of the German Consumer Dispute Resolution Act (VSBG).

• Section 26 Right of withdrawal for consumers

As a consumer, the customer is entitled to a right of withdrawal in accordance with the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. 

The withdrawal period is fourteen days from the date of conclusion of the contract. 

To exercise your right of withdrawal, you must send us

Iana Besarabet,

Street,

Postcode/location,

Phone: +49 (0)

E-mail: info@great-couple.com

 

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Special notes

The right of withdrawal expires in the case of a contract for the provision of services

1. in the case of a contract that does not oblige the consumer to pay a price if the trader has provided the service in full,
2. in the case of a contract that obliges the consumer to pay a price, with the complete provision of the service, if the consumer before the start of the provision
3. has expressly consented to the entrepreneur commencing the provision of the service before the expiry of the withdrawal period,
4. in the case of a contract concluded off-premises, has provided the consent in accordance with letter a) on a durable medium and

has confirmed his knowledge that his right of withdrawal expires upon complete fulfillment of the contract by the entrepreneur.

End of the withdrawal policy 

Sample withdrawal form

If you wish to cancel the contract, please fill out this form and send it back to us.

To the

Iana Besarabet,

Street,

Postcode/location,

E-mail: info@great-couple.com

I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following services(*):

. . . . .

Ordered on . . . . .(*), received on . . . . .(*)

. . . . . Name of the consumer(s)

. . . . . Address of the consumer(s) (s

. . . . . Signature of the consumer(s), only for notification on paper

. . . . . Place, date

* Please delete as applicable.

 

End of the withdrawal policy