General terms and conditions – as of: 09/2023

1 Introduction

BORN IN FLACHT is a GT community from Schloss Schnait GmbH with the aim of connecting owners of GT sports cars globally and giving them the opportunity to share experiences within an exclusive community, exchange experiences, find out expert tips and get involved on national and to meet international level.

Participation in the GT Community BORN IN FLACHT is based on the principle of approval or consent. One of the necessary requirements for membership is owning a GT sports car.

The use of our services requires a minimum age of 21 years.

1.1 Contract

To become a member, you must register via our website www.born-in-flacht.com. For this purpose, data is transmitted to us, which is treated as strictly confidential and is not passed on to third parties.

After all requirements have been determined and approved by the GT Community BORN IN FLACHT, the applicant will be accepted as a member and an access link for using the BORN IN FLACHT app (iOS & Android) will be sent to him/her by email.

As a visitor or member of our Services, the collection, use and sharing of personal information is subject to our Privacy Policy and any updates thereto.

1.2 Change

Our “Terms and Conditions” and our “Privacy Policy” may be changed from time to time. If any significant changes are made, the member will be informed.

2 Duties

2.1 Access to the Services

Registering using false information constitutes a violation of our terms and conditions and will result in immediate termination of membership if found out. Violation of our guidelines will also result in immediate termination of membership.

2.2 Notices and Messages

Our members agree that we can send them notices and messages – within the service offered and/or to the contact address provided. Our members agree to keep their contact details up to date.

Our members also agree that we may access, use and store any information and personal data provided in accordance with the terms of the Privacy Policy.

2.3 Share

Our members agree to only provide content and information that does not violate the law or infringe the rights (including intellectual property rights) of any other person or entity.

The services offered make it possible to share news and information in a variety of ways. Information that a member shares or posts may be seen by other members or third parties. We view chat history and are not obliged to publish any information or content on our platform. We may remove them at our sole discretion with or without notice.

3 Rights and Restrictions

3.1 Availability of the Services

We reserve the right to modify or remove any part of our Services. We have no obligation to store and continue to display information and content from our members.

We are not a storage service and have no obligation to make available to our members a copy of any content or information and to store or retain the same, except as required by applicable law or as set forth in our Privacy Policy.

3.2 Other content, websites & apps

By using our Services, you may encounter content or information that is incomplete, inaccurate, misleading, late, unlawful, offensive or otherwise harmful. Because we generally do not review the information provided by our members, you agree that we are not responsible for any content or information. Misuse of our services cannot be completely prevented. Therefore, you agree that we are not responsible for any such misuse.

The member is free to access third-party apps or websites if they are accessible via a link on our services. Third party apps and websites are subject to their own terms and conditions and privacy policies. You could authorize the operator to use your information in a manner that differs from our policies. We are not liable for other websites and apps. Therefore, you use these websites and apps at your own risk. Please inform yourself about our Privacy Policy.

3.3 Limitations

We reserve the right to limit your use of the Services, including the number of contacts; as well as the ability to contact other members. We reserve the right to limit or suspend features of our Services that we believe violate the law, misuse our Services, or violate the Community Guidelines.

We are not a trading platform and prohibit the commercial use of our member data.

3.4 Intellectual Property Rights

We reserve all intellectual property rights in the services provided. Use of our Services does not imply that a member has any ownership rights in our Services or the information or content made available through our Services. The trademarks and logos used within the Services are trademarks of their respective owners.

4 Disclaimer and Limitation of Liability

4.1 Liability for the app

We disclaim all warranties and representations (e.g. fitness for a particular purpose, non-infringement, accuracy of data, warranty of functions) and cannot guarantee that the services we provide will function uninterrupted or error-free.

4.2 Liability for events

4.2.1 Own events

Liability for events carried out by us is excluded unless the organizer can be proven to have acted with intent or gross negligence. Liability for minor negligence is excluded unless it involves a breach of cardinal obligations. Cardinal obligations are those obligations whose fulfillment makes the proper implementation of the legal relationship possible in the first place and on whose compliance the partner regularly trusts and can rely. In the event of liability, this is limited to contract-typical and foreseeable damage.

4.2.2 External events

If we take over the invitation management for an event with a commercial or other partner, we expressly point out that the organizer is the respective partner. If you have any questions about liability in connection with the event, please contact the respective organizer directly.

5 Compensation for legal violations by members

If the platform operator incurs damages due to violations by members of the obligations under these General Terms and Conditions, the member is obliged to pay compensation in the amount of the damage incurred, unless the member is not responsible for the respective violation. The right of the platform operator to claim additional damages remains unaffected. The member is permitted to provide proof that the damage did not occur at all or occurred to a significantly lesser extent.

6 Termination

Both the member and Schloss Schnait GmbH can terminate the membership by notifying the other party. Upon termination, member will lose the right to use or access the Services.

7 Applicable Law and Dispute Resolution

The law of the Federal Republic of Germany applies exclusively to all legal relationships between us and the member, excluding the German IPR. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

8 Rules of Conduct (Community Guidelines)

Our Code of Conduct sets out what types of activities are acceptable through the use of our app and what types of content and discussions we consider inappropriate and may prohibit. The Code of Conduct is intended to outline guidelines and restrictions for the use of our Services.

a.) Register with truthful information about your identity and your vehicle. Our members must be actual people who provide their real names and accurate personal and vehicle information.

b.) Be polite and respectful. In the interests of a safe, communicative and friendly community, our services should not be used to harm other people or companies or to publicize differences of opinion or personal disputes. We cannot accept that the Services may be used to abuse or discredit other people or companies or to send you unsolicited communications. These include, for example, junk emails, spam, chain letters, phishing messages and sexual content. Attacking anyone based on race, ethnicity or tribe, national origin, gender, sexual orientation, religious affiliation, political affiliation, health or physical condition is strictly prohibited.

c.) Behave professionally, appropriately and honestly. When creating content, we ask you to only publish relevant, technical and topic-related content. Refrain from providing false information or information that cannot be verified. The distribution of obscene and pornographic content via our app is prohibited.

d.) Obey the law and respect the rights of others. Avoid sharing or using other members’ copyrighted works, trademarks, trade secrets or personal information. Membership may not be used for illegal activities, promoting illegal products, or violating the rights of others. It may also not be used to commit fraud or for fraudulent purposes.

e.) Do not use the Services to distribute viruses or other software that destroys data or computer systems or causes interruptions.

f.) The guidelines are expressly recognized by the members. In the event of infringements and violations of the law, the platform operator expressly reserves the right to take further legal action.

Source: René Staud