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General Terms of Use
Date: August 20231.1. These terms of use apply to the use of the Neworn App (“App”) der Neworn GmbH, Spitalgasse 27/13, 1090 Wien (“NEWORN”).1.2. The use of the app is only possible under these terms of use. differing, contrary, restrictive, or supplementary terms of use will therefore not become part of the contract.1.3. The user accepts these terms of use by clicking the corresponding checkbox during the registration process and by using the service.1.4. NEWORN reserves the right to change these terms of use at any time and without cause. NEWORN will inform the user of any changes the next time the app is accessed and will provide the user with the new version of the terms of use. additionally, the user will be informed of the change by email at least 14 days in advance. the changes become effective if the user does not object in writing within 14 days of sending the change notification. NEWORN will inform the user about the right to object and the consequences of silence in the notification regarding a change. in the event of an objection, the old terms and conditions will continue to apply unchanged, unless neworn terminates the contractual relationship with the user.1.5. By registering your account, you agree to our framework contract and the . NEWORN uses stripe to make payouts to sellers.. The applies to the acceptance of such payouts by you. to receive payouts from NEWORN, you must provide NEWORN with valid and complete information about yourself and your business. furthermore, you authorize neworn to share this information, as well as transaction information related to your payouts, with Stripe.2.1. NEWORN operates an online marketplace for second-hand baby clothing. NEWORN provides the user with the App free of charge until further notice and agreement on a fee.2.2. As part of a community of sustainable mothers and fathers, users can buy and sell high-quality clothing for children and babies through the App. Users have the opportunity to upload specific listings, including texts and images of the items, into the App ('user content'). These user contents do not constitute binding offers from NEWORN in any case.2.3. NEWORN offers a filtering function in the app that provides users with tailored results and recommendations for their child. This makes it easier for users to search for suitable baby clothing. To use the service, users can add a child in their profile under 'Add Children.' The results and recommendations are based on the user’s information (age and gender of the child). This information is not mandatory to use the App; however, it is required to utilize the filtering function.2.4. NEWORN also offers a wishlist: users can (i) mark individual products as 'Aavorites' and (ii) follow specific other users in the app. This way, NEWORN can send users in-app notifications about the products and users they have subscribed to, making it easier to keep track of offers.2.5. If users are interested in specific products, they can contact each other and enter into contracts. Any contract is concluded exclusively between the users (i.e., the listing user and the interested user). NEWORN is neither a representative, agent, nor intermediary of the users. All claims—of any kind—that arise from a contract conclusion or the non-conclusion of a contract between the users must be enforced against the respective user as the contractual partner. NEWORN is not liable for the enforceability of claims arising from this contractual relationship.2.6. Each user must ensure that the user content they provide is not unlawful, does not infringe upon the rights of third parties, and is neither offensive nor inappropriate. NEWORN is not responsible for the accuracy or legality of the user content provided by the users.2.7. The user must promptly inform NEWORN of any legal disputes, claims, or actions by third parties related to the user content, in order to give NEWORN the opportunity to delete or block the respective content.2.8. NEWORN has no obligation to review, monitor, or edit user content. If the user content provided by the user violates these terms of use, legal provisions, or the rights of third parties, the user is solely responsible for the resulting consequences and agrees to fully indemnify and hold NEWORN harmless from all claims and demands made by third parties.2.9. With every purchase or sale made through the app, the user earns loyalty points. These loyalty points can be redeemed for exclusive discounts at NEWORN's partner companies. The contract is concluded between the user and the partner company. Therefore, NEWORN assumes no liability for contracts that the user concludes with a partner company. Loyalty points cannot be redeemed for cash. the transfer or assignment of loyalty points is excluded.3.1. The use of the app is only possible after prior registration. Registration is exclusively reserved for users who are of legal age and have full legal capacity. During the registration process, NEWORN creates an individual user account for the user, which can be updated by the user continuously ('Account').3.2. The user is obliged to keep the access data (email address and password) chosen during registration confidential and to protect it from unauthorized access by third parties. The user must report any suspicion of unauthorized access by third parties in writing to NEWORN (an email is sufficient). NEWORN is not liable for any damages arising from the misuse, loss, or disclosure of access data by the user or a third party attributable to them.3.3. All information provided during registration and subsequent use of the account must be truthful. If any details provided by the user change, they must be corrected in the user's account without delay.3.4. NEWORN cannot verify the accuracy and completeness of the information provided by users during registration and while using the account and is not responsible for it. NEWORN also cannot verify whether the user has any necessary (business) permits for their activities and is not responsible for that either. Furthermore, the user is solely responsible for compliance with tax regulations.4.1. NEWORN it is of important concern that the App is used safely and in accordance with applicable legal regulations. Therefore, the user is particularly, but not exclusively, prohibited from using the app to ('Usage Restrictions').a) make false statements and claims or provide information contrary to better knowledge;b) promote or support illegal activities or unlawful conduct.;c) violate the rights (including personal and data protection rights as well as intellectual property rights) of others or upload content that leads to civil or criminal consequences under applicable law or otherwise contradicts these terms of use;d) decompile, disassemble, reverse engineer, copy, distribute, or otherwise exploit our App and its content, unless this is permitted by copyright law;e) automatically crawl, scrape, cache, or otherwise evaluate content in the App;f) make unauthorized advertisements, junk messages, spam, chain letters, or pyramid schemes available;g) use the App in a way that (i) is capable of disrupting, interrupting, slowing down, or hindering the functionality of the app, (ii) could cause a disruption of the app or the IT infrastructure, (iii) affects the system resources, (iv) places an undue burden on the app's infrastructure, or (v) constitutes an attack on the security and authentication measures of the app or the IT infrastructure of NEWORN;h) use the App for purposes other than those for which it was developed and made available to the user.4.2. The user indemnifies and holds NEWORN harmless from and against any claims, damages, liabilities, costs, losses, and expenses arising from (i) culpable violation of these terms of use, (ii) culpable infringement of third-party rights by the user, and/or (iii) culpable damage caused by user content.4.3. NEWORN reserves the right to suspend or delete accounts at its discretion, to warn other users, or to issue a warning to the respective user, especially if it can be assumed thata) The user or the account to be suspended could harm the reputation of NEWORN or disrupt the ongoing operation of the App;b) the user has provided false, misleading, or unlawful information or user content;c) the user harms or disrupts NEWORN or other users;d) the user no longer uses the App due to prolonged inactivity;e) the user violates these terms of use or applicable legal provisions.5.1. By providing information and user content, the user grants NEWORN a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, indefinite, and revocable right to use, store, reproduce, publish, and distribute the content provided by the user to the appropriate extent, particularly for the purpose of displaying and representing the respective content in the App.5.2. In the event that the user deletes their account, information, or user content, NEWORN will remove this from the app within a reasonable period. However, due to the viral dissemination of online content, any distribution to third parties that may have occurred remains unaffected, despite deletion by NEWORN from the App. This is particularly true if the respective content has already been shared with other users or third parties, as the use of the content by these third parties is outside the control of NEWORN.
5.3. Except for the content provided by users, all proprietary elements of the App, such as texts, images, illustrations, as well as the design and structure of the app and the contents of the database, are protected by copyright and industrial property rights. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated, or otherwise unlawfully used by the user without the consent of NEWORN.6.1. NEWORN provides the App 'as is,' with the current functionalities and due care. However, it is not possible to completely avoid errors or interruptions in availability. NEWORN cannot guarantee the accuracy, reliability, quality, suitability, security, completeness, and timeliness of the App and its content, even considering the risks of the internet. Nevertheless, NEWORN will strive to adequately address any significant errors that are noticed or reported.6.2. NEWORN is not obligated to provide a specific IT infrastructure and therefore does not guarantee the uninterrupted availability of the app. Temporary connection interruptions may occur.6.3. NEWORN reserves the right to conduct maintenance on the app at its discretion as needed. This may result in interruptions in availability. whenever possible, NEWORN will notify users in advance of such maintenance windows.6.4. Given the provision of services free of charge, the statutory warranty provisions do not apply.7.1. NEWORN is liable for damages according to the statutory provisions. However, liability for negligently caused damages is excluded. The compensation for indirect damages, consequential damages, lost savings, lost profits, and damages arising from claims by third parties is also excluded.7.2. The liability limitation according to Section 7.1 does not apply to damages resulting from injury to life, body, or health of individuals and to claims under the Product Liability Act.7.3. The use of user content is entirely at the user's own risk. It is the user's own responsibility to review the respective user content from other users and ensure that it meets their own expectations.8.1. These terms of use apply for the duration of the registration. The free services can generally be used indefinitely.8.2. Users can terminate the contract at any time with regular notice.8.3. NEWORN has the right to terminate the user agreement or solely the loyalty points program with the respective user at the end of the month of the current month.8.4. An immediate termination of the user agreement for good cause remains unaffected.9.2. For business transactions and for consumer transactions where the consumer has neither a residence nor a habitual abode in Austria at the time the lawsuit is filed, and is not employed domestically, the exclusive jurisdiction for all disputes arising from these terms of use is the court competent for 1010 Vienna, both locally and materially. If the customer is a business, the exclusive choice of jurisdiction applies in any case.
5.3. Except for the content provided by users, all proprietary elements of the App, such as texts, images, illustrations, as well as the design and structure of the app and the contents of the database, are protected by copyright and industrial property rights. These elements may not be reproduced, processed, transmitted, made available, presented, performed, modified, translated, or otherwise unlawfully used by the user without the consent of NEWORN.6.1. NEWORN provides the App 'as is,' with the current functionalities and due care. However, it is not possible to completely avoid errors or interruptions in availability. NEWORN cannot guarantee the accuracy, reliability, quality, suitability, security, completeness, and timeliness of the App and its content, even considering the risks of the internet. Nevertheless, NEWORN will strive to adequately address any significant errors that are noticed or reported.6.2. NEWORN is not obligated to provide a specific IT infrastructure and therefore does not guarantee the uninterrupted availability of the app. Temporary connection interruptions may occur.6.3. NEWORN reserves the right to conduct maintenance on the app at its discretion as needed. This may result in interruptions in availability. whenever possible, NEWORN will notify users in advance of such maintenance windows.6.4. Given the provision of services free of charge, the statutory warranty provisions do not apply.7.1. NEWORN is liable for damages according to the statutory provisions. However, liability for negligently caused damages is excluded. The compensation for indirect damages, consequential damages, lost savings, lost profits, and damages arising from claims by third parties is also excluded.7.2. The liability limitation according to Section 7.1 does not apply to damages resulting from injury to life, body, or health of individuals and to claims under the Product Liability Act.7.3. The use of user content is entirely at the user's own risk. It is the user's own responsibility to review the respective user content from other users and ensure that it meets their own expectations.8.1. These terms of use apply for the duration of the registration. The free services can generally be used indefinitely.8.2. Users can terminate the contract at any time with regular notice.8.3. NEWORN has the right to terminate the user agreement or solely the loyalty points program with the respective user at the end of the month of the current month.8.4. An immediate termination of the user agreement for good cause remains unaffected.9.2. For business transactions and for consumer transactions where the consumer has neither a residence nor a habitual abode in Austria at the time the lawsuit is filed, and is not employed domestically, the exclusive jurisdiction for all disputes arising from these terms of use is the court competent for 1010 Vienna, both locally and materially. If the customer is a business, the exclusive choice of jurisdiction applies in any case.
