1.1 These General Terms and Conditions shall apply exclusively to all users of www.50plus-club.ca (hereinafter referred to as 50plus-Club).
1.2 The 50plus-Club portal is operated by 50plus-Treff GmbH, Ernsbergerstr. 5, 81241 Munich.
1.3 By signing up to 50plus-Club, the User accepts the following the General Terms and Conditions as being an integral part of the contract.
1.4 50plus-Club reserves the right to amend the General Terms and Conditions with effect for the future, insofar as this does not affect the key regulations governing the contract and insofar as this is necessary for developments that 50plus-Club could not foresee and non-consideration of which would lead to a fundamental infringement of the contract. In particular, key regulations are those services contractually agreed upon over the term of the contract and/or the type and scope of the same, including the regulations governing termination. Changes may also be made after the contract has been concluded to close any loopholes. This applies in particular, but not exclusively, to any amendments to legislation that influences the regulations set out in the present General Terms and Conditions.
In this case, 50plus-Club shall inform all users concerned before making the changes. The changes shall be deemed accepted if the User does not object within two months of being informed of the same. The User is informed of this in the correspondence.
2 Range of services
2.1 The 50plus-Club platform provides users with a variety of communication-related services. Unless expressly stated otherwise, any new products and services that add to or improve the current services, including the range of new services, shall be subject to the present General Terms and Conditions. The services are offered in a layout deemed suitable provided that they are available.
2.2 50plus-Club is only responsible for the provision, not the success, of IT services to automatically display contacts. 50plus-Club only provides the technical equipment which generally establishes contact under the conditions set out in Section 2.1. 50plus-Club therefore accepts no liability if no contact is established over the term of the contract.
2.3 The 50plus-Club internet services are generally available 24 hours a day, seven days a week. 50plus-Club strives to ensure maximum server availability (and therefore maximum availability of the content and saved messages), but it cannot guarantee or commit to particular availability rates.
3 Concluding the contract
3.1 Only users aged 45 and over may sign up to the 50plus-Club portal. No contract is concluded with younger users.
3.2 50plus-Club is entitled to check the User's information by means of appropriate official papers. The User therefore assures 50plus-Club that it will send copies of official identity documents - especially their identity card - upon request.
3.3 The contract shall be deemed concluded as soon as the User has successfully registered to 50plus-Club.
3.4 50plus-Club is entitled to reject the offer of contract if the User does not prove their age and/or personal information when reasonably requested to do so by 50plus-Club. In this case, 50plus-Club is entitled to delete the User's registration and block them from accessing the website in future.
4 Term and usage fees
4.1 Registration, membership and use of 50plus-Club is free (basic membership), albeit restricted in parts. In particular, the User can only contact other users without restriction as a paying (premium) member. Before concluding a fee-based contract, the User shall be informed of the content of the relevant fee-based service, the prices and the payment terms. The fee-based contract is only entered into when accepted by 50plus-Club. The User may correct input errors in the input fields using their keyboard and mouse. The content of said contract shall be made available to the User pursuant to the statutory provisions. We do not save the same following conclusion of the contract.
4.2 The User shall find the fees for fee-paying users here
4.3 The fee stated in Section 4.2 shall be paid to 50plus-Club in advance without any deductions. The amount shall be automatically debited from the User's account or credit card. Alternatively, the User shall transfer said amount to 50plus-Club.
4.4 The User may use the portal for free until the contract is terminated by either party or the User's profile is deleted by 50plus-Club. The premium membership shall be automatically extended by the term chosen by the User unless terminated before the booked period ends pursuant to Section 7.2.
5 User's obligations
5.1 All users are entitled to create a profile on 50plus-Club. The User may not create multiple profiles. Should it discover that the User has created several profiles, 50plus-Club is entitled to delete the more recent ones without notice.
5.2 The User is solely responsible for the content of their profile.
5.3 The User may not post sexual, pornographic, immoral, politically radical or other unlawful content on their profile.
5.4 The User may not surrender their profile to third parties.
5.5 The User may not post commercial advertising for their own purposes or for third parties on their profile. In particular, this applies to advertising for other websites and fee-based service telephone numbers.
5.6 The User may not surrender their profile with a view to collecting email addresses from potential responses for commercial purposes.
5.7 The User may not post surnames, addresses, phone numbers, fax numbers, URLs, email addresses, ICQ addresses or other contact details enabling any contact other than that taking place via 50plus-Club on profiles, on forums, in chat rooms or via other services offered by 50plus-Club.
5.8 Photos sent to 50plus-Club for posting on a profile must be up-to-date and enable identification of the User. The whole of the User's face must be shown. The User undertakes not to post any photos or information otherwise protected by copyright within the context of 50plus-Club products and services without having the rights or approvals necessary to do so. Under no circumstances does 50plus-Club accept liability for any images the User has posted on their profile and in their gallery that infringe third-party copyright. The User shall indemnify 50plus-Club against any legal claims asserted.
5.9 The User is solely responsible for the content of their responses on profiles.
5.10 The User undertakes to treat emails and other messages or other users data associated with using 50plus-Club as confidential and to not make it accessible to third parties without the consent of the author. The same applies to other users names, telephone numbers, fax numbers, postal addresses, email addresses and/or URLs. The User may not disseminate any data belonging to non-users.
5.11 The User may not post sexual, pornographic, immoral, politically radical or other unlawful content in responses. Neither may the User threaten or harass other users, or pledge or demand their rights (including personal rights), money and/or payments in kind.
5.12 The User may not post commercial advertising for their own purposes or for third parties in responses. In particular, this applies to advertising for other websites and fee-based service telephone numbers.
5.13 To protect the User against individuals who abuse the 50plus-Club service, 50plus-Club uses a variety of automated monitoring tools and our Customer Service team randomly undertakes activities on the platform and checks user inputs for plausibility and compliance with the terms and conditions of use, without 50plus-Club having any legal obligation to do so. However, 50plus-Club accepts no shared liability for the content of profiles.
5.14 50plus-Club may ban the User from any further use of individual or all products and services offered by 50plus-Club, or reject individual profiles, without the need to provide notice or state a reason.
5.15 If the User still takes part on the 50plus-Club website despite being banned, e.g. using another identity, 50plus-Club reserves the right to take legal action.
6 Cancellation policy
6.1 Right of cancellation
The User may cancel their contract in text form (e.g. by letter, fax or email) within 14 days without the need to state a reason. The period begins once we receive instructions to this effect in text form, but not before the contract has been concluded and not before we have met our obligations to provide information pursuant to Article 246, Section 2, in conjunction with Section 1, Para. 1 and Para. 2, of the Introductory Act to the German Civil Code (EGBGB). For the cancellation period to be complied with, it is sufficient if the User sends notice of cancellation in good time. Please send this to:
81241 Munich, Germany
Fax: +49 (0)89 - 9901 9895
6.2 Consequences of cancellation
The mutually received services and any benefits derived therefrom (e.g. interest) shall be surrendered in the event of effective cancellation. If the User cannot surrender the service received and any benefits derived therefrom (e.g. compensation for benefits obtained), or can only do so in a deteriorated condition, the User must pay must pay 50plus-Club compensation. This may lead to the User nevertheless having to meet the contractual obligations for the period up until cancellation. Obligations to reimburse payments must be met within 30 days. For the User, this period starts when they send the notice of cancellation, and for us, it starts when we receive the same.
6.3 Special notices
The User's right of cancellation expires prematurely if both parties perform the contract in full at the User's express request before the User has exercised their right of cancellation.
End of the cancellation policy
7.1 Free basic membership: The free basic membership may be terminated at any time using the "Profile > Settings" menu item. 50plus-Club shall delete the User's profile following termination of the free basic membership.
7.2 Fee-based premium membership: The User may terminate their fee-based premium membership before the booked period ends. Termination shall be made in writing (legal written form) or using the "Profile > Settings" menu item. Once the booked period ends, the User's status automatically reverts to the free basic membership. The User may delete the data contained in their profile at any time, irrespective of the contract's term.
7.3 Should a third party lodge a justified complaint, there be suspicion of a legal infringement or these General Terms and Conditions be infringed, 50plus-Club is entitled to block the User's content that gave rise to said complaint or suspicion, or to block access to the User's profile. If it is reasonable for 50plus-Club to provide prior warning, blocking as mentioned above requires 50plus-Club to issue prior warning, in order to give the User the opportunity to disprove the suspicion or to remedy the situation. If prior warning is not reasonable, e.g. because blocking is required to prevent 50plus-Club or any other user from suffering damages, 50plus-Club shall immediately inform the User of the block afterwards and then give them the opportunity to comment on and remedy the situation.
7.4 If the User's access is blocked due to a contractual infringement, 50plus-Club shall withhold the unused credit on a pro rata basis for the previous usage period plus a flat-rate processing fee of EUR 25 to prevent the contractual infringement. The User expressly reserves the right to prove lesser damage. The User has no right to refund for any fees paid to 50plus-Club.
7.5 If the User intentionally or fraudulently makes false statements in the questionnaire, civil action may be taken against them. The consequences of this shall be immediate termination of the contract and no refund for any fees paid to 50plus-Club.
7.6 The right to extraordinary termination without notice remains unaffected.
8 Limitations to liability and disclaimers
8.1 Within the context of the contract, 50plus-Club shall only be held liable on its merits for any damages the User has suffered as a result of (1) 50plus-Club, its legal representatives or vicarious agents acting with intent or gross negligence, (2) their life, limb or health being put at risk due to 50plus-Club, one of its legal representatives or one of its vicarious agents violating their duties, or (3) infringement of an obligation essential to proper performance of the contract and compliance with which the User regularly relies and may regularly rely upon (cardinal duty).
8.2 50plus-Club accepts liability without limitation in the cases outlined in Section 8.1, Para. 1 and Para. 2. Furthermore, the claim for damages is limited to the foreseeable damage typical of the contract.
8.3 In cases other than those mentioned in Section 8.1, 50plus-Club's liability is excluded irrespective of the legal grounds.
8.4 The aforementioned limitations to liability apply to all of 50plus-Club's institutions, employees and vicarious agents.
8.5 Should liability come into consideration pursuant to the Product Liability Act from acceptance of a guarantee or due to wilful deception, it shall remain unaffected by the above liability regulations.
9 Applicable Law
The law of the Federal Republic of Germany shall apply. German regulations on conflict of laws do not apply.
Munich, December 2013