Terms and Conditions
General terms and conditions of Vermes-Verlag Ges.m.b.H. as amended and valid from 1 August 2020.
1. Scope of Application
1.1 The General Terms and Conditions govern the business relationships between Vermes-Verlag Ges.mbH, Tullnbachlände 33, 3430 Tulln (hereinafter referred to as Vermes) and user (hereinafter referred to as the user) of the Vermes internet services including the associated Vermes streaming service of the "Singeland" platform.
1.2 They apply in the version valid on the day of the order for all purchase contracts for streaming services between Vermes and the user.
1.3 Deviating agreements must be made in writing. By placing an order, the user agrees to these GTCs and is bound by them.
1.4 Should individual provisions of these GTCs be wholly or partially invalid due to mandatory statutory provisions, the remaining provisions of these GTCs shall remain in effect unchanged.
2. Subject Matter
2.1 Vermes offers a personalised Vermes streaming service on subscription which enables users to stream songs and audio playbooks ("Vermes content") via internet using internet-enabled mobile phones, computers and other devices.
2.2 Vermes provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between Vermes and the user, even if no express reference is made to them.
2.3 The version valid at the time of the conclusion of the contract shall apply in each case. Deviations from this version and other supplementary agreements with the user shall only be effective if confirmed by Vermes in writing.
2.4 Any terms and conditions of business of the user, even if known, shall not be accepted unless expressly agreed otherwise in writing in individual cases. Vermes expressly objects to the user's general terms and conditions. No further objection to the user's GTC by Vermes shall be required.
2.5 Amendments to the GTC shall be notified to the user and shall be deemed to have been agreed if the user does not object to the amended GTC in writing within fourteen days; the significance of silence shall be expressly pointed out to the user in the notification.
2.6 The user is not permitted to make a Vermes product or the Vermes streaming service available to third parties under any licence agreement. The user shall be liable to Vermes for any damage resulting from the breach of this obligation.
3. Conclusion of contract
3.1 All offers are subject to change. They do not constitute an offer to conclude a contract, but merely an invitation to the user to place an order.
3.2 By clicking on the purchase button, the user makes a binding declaration to Vermes that she/he wishes to purchase the selected offer or the contents of the shopping cart.
3.3 The contractual relationship is only concluded when Vermes accepts the contractual offer made by the user's order by means of its order confirmation. This is done in writing online by e-mail.
3.4 The written order confirmation is decisive for the content and scope of the contract. The user is obliged to check the confirmation from Vermes for conformity with the order placed by her/him and to inform Vermes of any discrepancies.
3.5 Vermes reserves the right to make parts of its offer accessible only to certain user groups (e.g. teachers, trainee teachers).
3.6 If the user is a natural person and this contractual relationship cannot be attributed to a commercial or self-employed activity of the user ("consumer"), Vermes will provide the services offered only in quantities customary in the household. In all other cases (kindergartens, schools, school boards, companies) this restriction does not apply.
4. Early termination, cancellation policy
4.1 Vermes is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if
a) the performance of the service becomes impossible for reasons for which the user is responsible or is further delayed despite setting a grace period of fourteen days;
b) despite a written warning with a grace period of fourteen days, the user continues to violate essential obligations arising from this contract, such as payment of the due amount or duties to cooperate,
c) there are justified concerns regarding the creditworthiness of the user and the user fails to make advance payments at Vermes's request or to provide suitable security prior to Vermes' performance;
4.2 The user is entitled to terminate the contract for important reasons without granting a grace period. In particular, an important reason exists if Vermes continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least fourteen days to resolve the breach of contract.
4.3 Right of withdrawal. The user has the right to revoke from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the user last used the service.
4.4 In order to exercise the right of withdrawal, the user must inform Vermes-Verlag Ges.mbH, Tullnbachlände 33, 3430 Tulln an der Donau, email: info@bakabu.at or singeland@bakabu.at by providing a clear declaration of the decision to withdraw from this contract in writing (e.g. e-mail or letter sent by post). To comply with the revocation deadline, it is sufficient that the notification of the exercise of the right of revocation is sent before the revocation period has expired.
4.5 Consequences of withdrawal. If the user withdraws from this contract, Vermes must refund all payments received from the user without delay and at the latest within fourteen days from the day on which the notification of the withdrawal from this contract has been received by Vermes. The same means of payment that was used for the original transaction will be used for this repayment, unless expressly agreed otherwise.
5. Prices, terms of payment
5.1 Prices. Only prices quoted by Vermes at the time of conclusion of the contract are decisive. Unless otherwise indicated, all prices include the statutory value added tax.
5.2 Companies. If a subscription to the Vermes streaming service is sold to entrepreneurs within the EU, no Austrian value added tax is due upon the proof of their VAT number; they must pay the value added tax in their home country.
5.3 Online products. After the confirmation of the conclusion of the contract by Vermes or subsequently at the beginning of a further period of use, the price for the use of our online products is due for payment in advance for the period of use defined in the product purchase (e.g. conclusion/purchase of the subscription to the Vermes streaming service), without deduction of discount. Provided Vermes has a valid e-mail address from the user, invoices and credit notes for online products will be sent by e-mail. Upon request, companies and institutions can receive their invoices and credit notes for online products by post.
5.4 Means of payment. The user can choose between the following methods of payment: Delivery address in Austria: prepayment, credit card, instant bank transfer or PayPal.
5.5 Delivery address outside Austria: credit card, instant bank transfer or PayPal. Payment must be made in euros. Unless otherwise agreed, invoices are due for payment without discount immediately upon receipt.
5.6 Payment methods. In order to use the Vermes streaming service, the user must specify one or more payment methods. The user authorises Vermes to charge any payment method associated with user's account if the primary payment method has been declined or is no longer available to pay the subscription fee. The user remains responsible for any outstanding amounts. If a payment cannot be successfully processed because the respective payment method has expired or does not have sufficient funds and the user's account has not been terminated, the access to the Vermes streaming service may be suspended until a valid payment has been successfully debited. For certain payment methods, the issuer of the payment method may charge a certain fee, such as a foreign transaction fee or other fees for processing the payment. Local taxes may vary depending on the payment method. The service provider of the payment method can give further information on this.
5.7 In the event of late payment on the part of the user, the statutory default interest shall apply in the amount applicable to business transactions. Furthermore, in the event of late payment, the user undertakes to reimburse Vermes for any reminder and collection costs incurred, insofar as these are necessary for the appropriate legal prosecution. This shall in any case include the costs of two reminder letters in the customary amount of currently at least € 20.00 per reminder as well as a reminder letter from a lawyer commissioned with the collection. In the event of default payment, an additional twelve percent default interest must be paid. The assertion of further rights and claims shall remain unaffected.
5.8 In the event of default in payment on the part of the user, Vermes shall be entitled to demand immediate payment for all services and partial services provided under any other contracts concluded with the user.
5.9 Furthermore, Vermes is not obliged to provide further services until the outstanding amount has been settled (right of retention). The obligation to pay the remuneration remains unaffected.
6. Online registration
6.1 Password. To use our online products, the user needs a user name and password. He/she sets these by registering online. The user name and password also enable the user to view, change or expand his/her data.
6.2 The user is obliged to handle the user name and password in such a way that third parties cannot gain knowledge of them. If the password is lost, the user is obliged to inform Vermes immediately. If a third party gains knowledge of the password due to careless handling by the user, the user shall be liable for the full amount of the orders placed by the third party up to the time of receipt of the notification of loss.
6.3 Passwords and account access. The user who created the account and whose payment method is charged with the membership fees (the "account holder") has access to and control over the user's account and devices used to access the Vermes streaming service, and is therefore responsible for any activities related to the user's account.
6.4 In order to prevent unauthorised access to the account (which would include information about the track history for that account), the account holder should not disclose the password or details of the payment method associated with the account to any third party. It is the responsibility of the user to update the information entered in connection with the account and to ensure that it is kept up to date. In order to protect the user, Vermes or any affiliates from the theft of identity or other fraudulent activity, Vermes has the authority to terminate membership or temporarily suspend an account.
7. Truthful information
7.1 When registering online, the user is obliged to provide only truthful information. In case the data is changed, in particular name, address, email address, institution affiliation or, if applicable, bank details, the user is obliged to inform Vermes immediately by changing the details in her/his online account management.
7.2 If a contract has been concluded and the user fails to provide this information or she/he gives incorrect data from the outset, in particular an incorrect e-mail address, Vermes can withdraw from the contract. The resignation shall be declared in writing. The written form is also preserved by sending an e-mail.
8. Electronic communications
8.1 Account-related information (e.g. payment authorisations, invoices, changes to the password or payment method, confirmation and other notifications) will be sent to the user in electronic form only, for example as e-mails to the e-mail address provided in the registration.
8.2 The processing of personal data in the context of participation in the Vermes streaming service takes place in accordance with a separate data protection declaration. Vermes will only process the user's personal data if the user consents to it. This consent is given voluntarily by means of a separate declaration of consent.
8.3 Vermes will use and analyse the user's master data and purchasing data processed by Vermes for automated personalisation of advertising and marketing measures for Vermes and for the implementation of market research measures, and thus obtain new marketing profiling data.
8.4 Vermes will delete the marketing profiling data obtained from the purchase data after the revocation of consent and at the latest after the end of the streaming subscription, whichever occurs earlier.
9. Data protection
9.1 The user agrees that her/his personal data, namely name/company, profession, address, telephone number, e-mail address, bank details, credit card details and VAT number, may be automatically collected, stored and processed for the purpose of contract fulfilment and support of the user as well as for Vermes' own advertising purposes, e.g. for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or former business relationship with the user (reference). The user consents to electronic mail being sent to her/him for advertising purposes until revoked.
9.2 This consent may be revoked at any time in writing by e-mail or letter to the contact details given at the top of the GTC.
You have the right to know what data has been collected and also you have the option to have the data deleted. Contact: info@bakabu.at
9.3 User data will not be passed on to third parties, except in cases where this is essential to fulfill the order. Vermes´ contractual partners have been instructed about these data protection provisions and are obliged to comply with them. Vermes´ employees are subject to the confidentiality obligations of the Data Protection Act.
9.4 For mailings about services and products of Vermes (e.g. new publications, new streaming offers ...) § 107 of the Austrian Telecommunications Act applies.
9.5 You can view Vermes´ data protection provisions at www.bakabu.at/privacy-policy.
10. Use of online products
10.1 The duration of a contract for the use of the Vermes streaming service as a part of a subscription is based on the respective product description. The duration is displayed to the user when the subscription is concluded/purchased and can be viewed by the user at any time in the online account management of the internet service.
10.2 Termination. The user may terminate the contract by giving notice two weeks before the end of the contract period (usually one year) acquired at the time of conclusion of the contract. If the contract is not terminated or is not terminated in due time, the contract term shall be automatically extended by one year. If the user uses the Vermes streaming service with a time-limited subscription voucher (e.g. as part of a test campaign), the automatic renewal will not take effect.
10.3 The Vermes streaming subscription can be cancelled at any time, with the possibility of continuing to use the Vermes streaming service until the end of the billing period. The cancellation must be made in writing or by email. If a third party payment method was used when registering for the Vermes streaming subscription, the cancellation may also need to be made via the respective third party. Billing information related to the subscription to the Vermes Streaming Service may also be available through the account with the relevant third party provider.
10.4 Trial Period. Vermes may offer a limited free trial of the Vermes streaming service for an online product. The user may only make use of this trial offer once. In particular, the user is not permitted to gain access to the trial offer by registering again with changed data.
10.5 Licence conditions. The modalities of use, in particular the group of persons who may use the online product, as well as the possibility of passing on, using and presenting the contents of an online product, shall be governed by the respective product description and shall also be the subject matter of the contract. Kindergartens, schools and institutions are only allowed to grant access to a licence to the educational staff employed by them. For the use of a school board licence, a school board may only register schools under its sponsorship.
10.6 The Vermes streaming service and all content that is listened to via the Vermes streaming service is intended for personal and non-commercial use only and may not be shared with persons who do not live in the same household. While using the Vermes streaming service, the users are granted a limited, non-exclusive and non-transferable right to access the Vermes streaming service and listen to Vermes content. Apart from this, no right, title or interest is transferred. The user agrees not to use the Vermes streaming service for public performances.
10.7 Blocking of the user. Vermes is entitled to temporarily block the user's access to an online product in whole or in part or to terminate the contract without notice with immediate effect if there is reasonable suspicion that the user is not part of the group of persons authorised for use, or she/he misuses the service, in particular for the purpose of committing illegal acts or infringing the rights of third parties, or she/he uses the services in breach of contract or allows such use, or that an unauthorised third party has gained knowledge of the access data, in particular of the password of the user or of another user, because the necessary care in handling this data, in particular the recognised principles of data security, have not been observed. Vermes will only exercise this right in consideration of the legitimate interests of the user and will notify the user of the blocking.
10.8 The user expressly agrees that legally significant declarations by Vermes (e.g. notices of termination and blocking) can be sent in writing by e-mail to the e-mail address last provided by the user or - if known - by post to the address last announced by the user.
11. Availability of online products
11.1 The online products of Vermes (e.g. Vermes streaming service) are generally available twenty-four hours a day. However, due to necessary service work on the information system, it may be temporarily unavailable.
11.2 The user shall be informed by e-mail of the discontinuation or replacement of the streaming service.
11.3 The user has no legal claim to certain offers and the use of all or each of the additional services of Vermes (e.g. offers or discounts can only be granted regionally or tailored to specific target groups).
12. Liability, compensation
12.1 Disruptions in access to the internet and data traffic on the internet due to events for which Vermes is not responsible and which make access difficult or impossible, do not affect Vermes' claim to remuneration. Vermes accepts no liability for the unavailability in such cases. In particular, Vermes shall not be liable for any ligitation costs, the user's own legal fees or the costs of the publication of judgements, nor for any claims for damages or other claims by third parties; the user shall indemnify and hold Vermes harmless in this respect. The user's right to extraordinary termination shall remain unaffected.
12.2 Any claims for damages and/or other claims – for whatever legal reason - due to slightly negligent breach of ancillary contractual obligations from the contractual relationship between the user and Vermes are excluded.
13. Copyright notices
13.1 The user acknowledges that there are rights of Vermes and third parties, in particular copyrights and other intellectual property rights, to the object of purchase (e.g. conclusion/purchase of the subscription to the Vermes streaming service). The user commits to use the object of purchase (e.g. conclusion/purchase of the subscription to the Vermes streaming service) only within the scope of what is contractually and/or legally permitted and to strictly comply with the licence conditions. This applies in particular to language works and sound recordings.
13.2 All contents on the website and from Vermes are protected by copyright. Texts, images, graphics, sound, animations and videos are protected by copyright and other protective laws. The content must not be copied, distributed, modified or made available to third parties for commercial purposes. Any use, in particular storage in databases, reproduction, distribution, editing and any form of commercial use as well as disclosure to third parties - also in parts or in revised form - without the consent of the operator or the author is prohibited.
13.3 Reproduction, editing, distribution and any form of exploitation outside the limits of copyright law require the written consent of Vermes. Downloads and copies of the contents of this site are not permitted.
13.4 Changes or adaptations of Vermes' services, in particular their further development by the user or by third parties working for the user, are only permitted with the express consent of Vermes and - insofar as the services are protected by copyright - of the author.
13.5 For the use of Vermes' services that goes beyond the originally agreed purpose and scope of use, the consent of Vermes is required, irrespective of whether this service is protected by copyright. Vermes and the author shall be entitled to a separate, appropriate remuneration for this.
13.6 By paying the fee, the user acquires the right of use for the agreed purpose. The acquisition of rights of use to services provided by Vermes shall in any case be subject to full payment of the fees charged by Vermes for such services. If the user already uses the services of Vermes before this point in time, this use shall be based on a loan relationship that can be revoked at any time.
14. Warranty
14.1 The user must report any defects without delay, in any case within eight days of the performance by Vermes, and hidden defects within eight days of their detection, describing the defect in writing; otherwise the service is considered approved. In this case, the assertion of warranty and compensation claims as well as the right to contest errors due to defects are excluded.
14.2 The warranty period is six months from delivery/service. The right of recourse against Vermes pursuant to § 933b Sec. 1 ABGB (General Civil Code) shall expire one year after performance. The user shall not be entitled to withhold payments due to complaints. The presumption of conformity under § 924 ABGB is excluded.
14.3 Vermes undertakes to remedy defects in delivered goods by repair or replacement. If the user is not a consumer, Vermes shall have the choice whether to remedy the defect or to make a replacement delivery. If the rectification or replacement delivery fails, the user may demand a reduction in price or cancel the contract.
14.4 No guarantee is given for the correctness and completeness of the information and data on the website. Vermes does not guarantee constant availability, nor does it guarantee the accuracy, completeness and functionality of the published contributions, offers and services. Any liability for problems which have their cause in the networks of third parties is excluded.
14.5 The use of other networks is subject to the terms of use of the respective operator.
15. Exemption
15.1 The user shall exempt Vermes from all claims asserted by other users or third parties against Vermes on the grounds of infringement of their rights through the use of offers by the user in question or the users authorised by her/him.
15.2 The user shall also assume the costs of the necessary legal defence of Vermes, including all court costs and lawyers' fees. This shall not apply if the user is not responsible for the infringement.
16. Online dispute resolution
16.1 In accordance with the EU Regulation No. 524/2013 on Online Dispute Resolution and § 36 VSBG (Consumer Dispute Resolution Act), the European Commission is setting up an online platform for out-of-court dispute resolution. The online platform can be reached at www.ec.europa.eu/consumers/odr.
16.2 Vermes is not obliged to participate in a dispute resolution procedure before a consumer arbitration board. If you have any questions on this topic, please contact Vermes by e-mail.
17. Language of the contract
17.1 The content of the contract, all other information, customer service and complaint handling are consistently offered in German.
18. Severability clause
18.1 Changes and additions to a sales contract (e.g. conclusion/purchase of a subscription to the Vermes streaming service) must be made in writing in order to be valid; this also applies to the waiver of the written form. Oral ancillary agreements shall be invalid and the contracting parties shall record that no oral ancillary agreements have been made.
18.2 Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the binding force of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision shall be replaced by an effective one that comes as closest to the meaning and purpose.
19. Applicable law, place of performance, place of jurisdiction
19.1 The legal relationship between Vermes and the user shall be governed by the substantive law of the Republic of Austria, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the rules of international private law, insofar as these do not mandatorily declare the law of user's domicile or her/his habitual residence to be applicable. These Terms do not limit any consumer protection rights which you are entitled under the mandatory laws of your country of residence.
19.2 If any provision of these Terms of Use proves to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain unaffected.
19.3 The place of performance for payments is the registered office of Vermes.
19.4 The place of jurisdiction for all legal disputes arising between Vermes and the user in connection with this contractual relationship is agreed to be the competent court for the registered office of Vermes. Regardless of this, Vermes shall be entitled to sue the user at her/his general place of jurisdiction.