Last updated on 22 February 2019.
IMPORTANT: oesterreichchat.com services are only available for persons over 18 years of age. You should never use this service if you are under 18 years of age. By accepting the terms and conditions of service you confirm that you are 18 years of age or older.
Welcome to oesterreichchat.com, operated by PrivateSocial AG, (hereinafter “PrivateSocial AG”, “us”, “we”, “our”, the “Company” or “oesterreichchat.com”)
1.1. These terms of service determine the relationship between PrivateSocial AG, as a provider of the internet service oesterreichchat.com and the user registered with oesterreichchat.com (hereinafter referred to as "you"; or the "user").
1.3. PrivateSocial AG reserves the right to subsequently change their terms of service from time to time. We may do this for a variety of reasons including to reflect changes in requirements of the law, to implement new features, or effect changes in business practices. The most recent version of this Agreement will be posted on our website: oesterreichchat.com and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by sending a notification to your oesterreichchat.com account mailbox or email within two weeks from when the new terms and conditions come into effect. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement. PrivateSocial AG is entitled to terminate the contractual relationship to the user without notice by exercising their right of withdrawal.
2.1. You must be at least 18 years of age to create an account or register with PrivateSocial AG and use the Services. By creating an account and using the Service, you represent and warrant that:
2.1.1. you are legally capable of forming and entering a binding contract with PrivateSocial AG;
2.1.2. you are not a person who is barred from using the Service under EU Laws;
2.1.3. you will comply with this Agreement and all applicable local, national and international laws, rules and regulations; and
2.1.4. you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry
2.2. The Services can only be used once the account registration was made by the user.
2.3. You must ensure the truthfulness of the details given during the registration and later during purchase and payment.
2.4. We reserve the right to block your access to the Service if you use the Service in a manner that is illegal or breaches the obligations laid out in these Terms and Conditions. However, blockage of access for the above reasons shall have no effect on your obligation to pay for the service purchased.
3.1. PrivateSocial AG gives you the opportunity to present yourself on the internet in order to find personal partnerships, friendships, one-night stands or hookups.
3.2. Your membership is intended only for your personal use. That means you're not allowed to share your access data with any third party or forward your access data to any third party. We offer the Services exclusively for private purposes. By registering, you undertake to use the Services exclusively for private purposes and not for the commercial ones.
3.3. PrivateSocial AG provides the Services as a means for users to engage in social networking, for meeting new people, as a means to have chats and to share media including photos, videos, stories, and other private information. It is intended for use solely by persons who are 18 years of age or older, and is not a serious matchmaking application or engine.
3.4. We offer free use of our Services through registering at oesterreichchat.com and a premium membership. The free registration gives you a limited functionality. You, however, always have the option of switching from a free membership to the premium membership to use premium features (extended search, communication with the other users).
4.1. The use of the Services requires a subscription where you as a user indicate at least your email address and date of birth. You receive the email from oesterreichchat.com that confirms the receipt of user data and creation of your user account. After you enter the email address and birthdate your free registration is deemed valid.
4.2. You are responsible for all the details you provide. You must ensure that the details you provide are truthful and describe you personally. You undertake to refrain from willfully presenting data from third parties as yours. Willfully false details or details made with fraudulent intentions, in particular providing the media files, bank or credit card details of a third party without their consent, will carry legal consequences.
4.3. You are solely responsible for the content that you publish or display on the service, or transmit to other members, and by posting content to any public area of the service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. We reserve the right to use content from profiles, including the member username, public photos and videos, for using them in promotional material.
4.4. If you would like to benefit from the free communication with other service users, chargeable services should be purchased. To achieve this, you should choose the package with the duration that you would like in your user account, choose the desired form of payment, submit by pressing the payment button. These actions establish a request for binding agreement for the providing of the chargeable services. PrivateSocial AG or the payment processor sends a confirmation e-mail that we accept the request, and we confirm the conclusion of the agreement.
4.5. If for any reason, including but not limited to email service provider issues, unsubscribing from the email messages from oesterreichchat.com, email address expiry, you have not received the confirmation email, the on-site change of the membership from Trial to Premium or VIP indicated within the profile will constitute such an agreement confirmation.
4.6. You undertake to treat other customers' data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service.
4.7. You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or purposes that breach the contract. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services.
5.1. By using the Services, you guarantee to use the Services in compliance with general law. In particular you guarantee not to:
5.1.1 propagate defamatory, offensive material, extreme pornographic material or use the Services for any purpose that is illegal or prohibited by these Terms and Conditions or this Agreement;
5.1.2. propagate immoral, radical or harmful content or photos;
5.1.3. upload any content or media whatsoever that relates to any other person besides yourself without such person’s consent;
5.1.4. spam, solicit money from or defraud any users;
5.1.5. use the Services to endanger or discomfort other users, or to infringe upon the rights of other users (including privacy);
5.1.6. demand or promise money or monetary benefits;
5.1.7. use the Services in a way in which the availability of the offers are affected to the detriment of other users;
5.1.8. upload data containing a virus and / or software or other material protected by copyright - unless you have the rights to it or the written statement of consent from the rightful owner;
5.1.9. violate the Services by trying to get access to private personal data of other users;
5.1.10. post any content or media that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
5.1.11. post any content or media that may be interpreted as hate speech, threatening,; incites violence; or contains graphic or gratuitous violence.
5.1.12. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission
5.1.13. use another user’s account.
5.1.14. create another account if we have already terminated your account, unless you have our permission
5.1.15. send chain letters
5.1.16 promote other products and services
5.2. We do not conduct any background checks, criminal checks or identity checks on any of the site's users. If you feel that the user is not genuine and is using media files or information that does not belong to them, it is your responsibility to report such user to the moderation team. oesterreichchat.com provides you with the mechanisms to do so from the user's profile page.
5.3. We may from time to time create profiles that are created, managed and maintained by our employees. Such profiles may be created for the testing purposes to make sure the service is operating as expected and without any technical faults or glitches.
5.4. To encourage activity and interaction between the users and in order to notify you of newly registered matches and any activity of those new users (i.e. registration, photo upload etc.) we may use an automatic email notification system and other communication channels e.g. site activity stream or instant messages to send these activity alerts to you. You may be required to pay for viewing the content of such messages. By registering you accept and understand that such alerts about your registration and account update activity may be broadcast by us to other users, and you consent to such distribution amongst other users automatically by our system.
6.1. In the running of its Services, PrivateSocial AG undertakes to comply with all applicable legal rules and laws regarding data protection
6.2. You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the oesterreichchat.com database.
6.3. Your profile and its contents may be searchable by, and you may be able to search for the profiles and their contents of members registered to other websites operated and powered by us, for example, co-branded or privately labeled. Your profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.
6.4. To improve your chances of success oesterreichchat.com provides you with a free icebreaker messaging service. This feature ensures your profile gets maximum visibility as your matches are automatically sent a personal icebreaker message on your behalf.
6.5. In the course of serving ads to this site and you using some part of the web-site, us or our third-party advertiser may place or recognize a unique cookie on your browser. Cookies are a normal part of internet operations and are also used by oesterreichchat.com to safely identify you each time you login and use the site and to keep your session active when you don’t use the website for some time. Any information that us or third parties collect via cookies and marketing campaigns tracking software is totally anonymous. For more information on the types of cookie we use on the sites please visit our cookie information page.
6.7. We have commercial partnerships with third party service providers (web cams services, sms chat providers, etc.) and the Services may contain advertisements and promotions pertaining to such third party services and links to other web sites or resources. third party We do not guarantee or verify these providers. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through the Services, such party’s terms will govern their relationship with you. PrivateSocial AG is not responsible or liable for such third parties’ terms or actions.
7.1. Registration of a profile at oesterreichchat.com is free.
7.2. By paying for the service you enter into the legally binding agreement and agree to pay the subscription fee. You agree to pay PrivateSocial AG all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize PrivateSocial AG to charge your chosen payment provider (your “Payment Method”). Such fee depends on the duration of the package you choose and may be subject to special offers and promotions. All the fees are outlined during the subscription process.
7.3. PrivateSocial AG may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, PrivateSocial AG may terminate your account immediately in its sole discretion.
8.1. If you are using a free service you can unsubscribe from the system at any time by suspending your profile.
8.2. For the paid user, in order to provide you with a continuous service, for your convenience PrivateSocial AG uses automatic renewal billing. Upon purchase of a membership plan you agree to automatic renewal billing.
8.3. This means that your initial subscription will automatically be renewed for a period of time equal to that initially chosen and at the same rate unless cancelled, unless specified otherwise.
8.4. If your subscription is subject to a promotion or special offer, different terms may apply. These terms will be detailed during the subscription process and form part of the current terms and conditions.
8.5. PrivateSocial AG reserves the right to amend your subscription package. We will give you advance notice of any price change.
8.6. To reduce the risk of fraudulent transactions, we may require some users to verify billing account via debiting their credit or debit card a small, random amount starting from $0.5 to $5 (or its equivalent in local currency). Please check your bank statement for the actual debit amount of billing account verification and confirm it if needed. This amount will be refunded within 3 to 5 days when the credit card or debit card verification process is complete.
8.7. You are able to terminate the agreement any time except for while it is being processed. Membership is being processed and cannot be cancelled from 1 to 3 days from the purchase date and 7 days prior to the next renewal for certain membership types. If you do not terminate the agreement on time, the agreement is extended in accordance with the package that you have initially selected. If however you have paid for a Trial period of 14 days and less, you will be able to terminate the agreement at any time.
8.8. The cancellation may not be available during the time of transaction processing, which may take up to 72 hours (with the exception for 30 minutes Trial Premium subscription that can be cancelled immediately).
8.9. The cancellation of the legally binding agreement shall enter into force only if it is done via an express, written statement sent by fax or presenting a scanned document by email in order to guarantee its legal validity and to protect against abuse. It is absolutely necessary that you write in a way that is easy to read (CAPITAL LETTERS) and cannot be misinterpreted. You should mention your full name, oesterreichchat.com URL, your e-mail address used in the profile, and your username. To cancel Trial Premium membership, available on certain sites, you need to click on the link provided in subscription confirmation email by payment processor or send the abovementioned pdf form to our support team.
8.10. A paid legally binding agreement cannot be terminated simply by suspending the profile. If you have purchased a paid service and suspend your profile, the paid contractual relationship shall remain unaffected by this. If a service has been paid for but not used and you suspend your profile, you are merely refusing to use the service. This means that you will receive no refund for the payment already made. As described above, the written form is always an absolute necessity for the termination of a paid contractual relationship.
9.1. PrivateSocial AG provides comprehensive options available to you to pay the fees that you owe to PrivateSocial AG. These include, among others, but not exclusively, payment by credit card or direct bank transfers.
9.2. If you purchase a subscription through oesterreichchat.com, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
9.3. In the event that there is not enough money on your account/card we reserve the right to charge you for the shorter subscription period. The period and price of the subscription will depend on the 9.4 amount of money available on your account/card. PrivateSocial AG also reserves the right to withdraw the amount due in installments.
9.4. If you do not pay your outstanding fees despite reminders and notifications from PrivateSocial AG when the due date has passed, it will be regarded as a late payment. During the period of delay interest shall accrue on the amount owed.
9.5. Credit card fraud is a criminal offence and it is our policy to report and fully co-operate in the investigation and prosecution of anyone attempting to misuse credit card data or commit another act of fraud. We track every transaction and will use all available means to report instances of suspected, alleged, or actual fraud to the relevant authorities, in all jurisdictions where such activity is considered illegal. We actively adhere to our strict anti-fraud program, recording details of all payment activities on the site. We cooperate with local police departments, the European Antifraud Office, Interpol, and other fraud combating authorities to fight against those who choose to abuse this system. We also participate in a shared database network which blacklists individuals and their personal information and credit card numbers for participating in credit card fraud.
9.6. Attempting to commit fraud or committing fraud may constitute a criminal offence in your country and you will bear the consequences of committing a criminal act in your jurisdiction. We also screen, monitor, report and prosecute any other type of fraud, including but not limited to identity, online, and internet fraud.
9.7. Any objections to the amount charged or billed and must be raised and justified in writing to PrivateSocial AG within six (6) weeks of the queried charge being made or the invoice being received. If you do not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved. For the avoidance of doubt, non-usage of the service, if the service has been available, is not a justified objection.
9.8. In cases of non-payment or a default on payment by you, we reserve the right to commission a debt collection agency and demand that you pay your fees. We also reserve the right to levy interest for arrears in an amount based upon legal provisions. We reserve the right to demand that you pay the expenses arising from the unauthorized cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
10.1. If you are using the service from within European Union, you have the right to withdraw from this contract within fourteen days without giving any reason.
10.2. The withdrawal period is fourteen days from the day of conclusion of the contract.
10.3. To exercise the right of withdrawal, you must inform us PrivateSocial AG, Vorderlinden 2, 6374 Buochs (support @ privatesocial . live), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or scanned document sent by e-mail). You may use the below example withdrawal form, or any other format of written refund request that clearly states your email address, username, URL of the website, date of payment.
11.1. 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. We will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
11.2. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of contract.
11.3. PrivateSocial AG reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that PrivateSocial AG regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
11.4. Following termination of your account, whether by us or by you, you have the right to request that any information pertaining to you that was collected by us from your use of the Services, you may exercise your right to be forgotten, and request that all of your information is deleted from our records.
Withdrawal form example:
(complete and return this form only if you wish to withdraw from the contract) — To PrivateSocial AG, Customer Service, Vorderlinden 2, 6374 Buochs — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), — Ordered on (*)/received on (*): __________________________ — Name of consumer (s): __________________________ — Address of consumer(s): __________________________ — Signature of consumer(s) (only if this form is notified on paper): __________________________ — Date: __________________________
(*) Delete as appropriate
Please Note: To help us to find your account and processing your withdrawal quickly, please notify us about the following details with your withdrawal notice:
12.1. Any violation of your obligations as a service user entitles PrivateSocial AG to an immediate termination of the contract without notice and to the immediate blocking of your access to the database at oesterreichchat.com. Additionally, PrivateSocial AG may hand the information about your oesterreichchat.com use to the authorities.
12.2. PrivateSocial AG is additionally entitled to fully or partially remove individual users from their service without an explanation given to the user.
13.1. PrivateSocial AG accepts no responsibility for the content of user profiles. PrivateSocial AG has no control over the accuracy and security of information exchanged between users or users add to their profiles.
13.2. PrivateSocial AG accepts no responsibility for the accuracy of the user profiles and the matching system compatibility with other users. PrivateSocial AG can be used exclusively for making contacts and is not responsible for successful outcome of your contacts.
13.3. In addition, PrivateSocial AG undertakes no responsibility for any financial damage, or other nonphysical or physical damage that can occur in connection with oesterreichchat.com.
13.4. PrivateSocial AG provides the Services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express or implied, statutory or otherwise with respect to the Services (including all content and media therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for any particular purpose or non-infringement. PrivateSocial AG
13.5. To the fullest extent permitted by applicable law, in no event will PrivateSocial AG, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including directly or indirectly, or ay loss of Data, use, goodwill, or other intangible losses, resulting from: (1) your access to or use of or inability to access or use the Services, (2) the conduct or content of other users or third parties on, through, or following use of the Services, or (3) unauthorised access, use or alteration of your content, even if PrivateSocial AG has been advised of the possibility of such damages.
13.6. In no event will PrivateSocial AG’s aggregate liability to you for all claims relating to the Services exceed the amount paid, if any, by you to PrivateSocial AG, for the Services while you have an account.
13.7. We are not liable for unauthorized attainment of your personal information by third parties, e.g. in the form of access to the database by hackers.
13.8. For other losses that occur due to causes other than those stated above, we shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability are proportionate to other causes contributing to the loss.
13.9. PrivateSocial AG has nothing to do with the relationship between users.
13.10. You as a user therefore free PrivateSocial AG from any liability and from any obligation, expenses or damages that have arisen because of any insult or injury caused by other users.
13.11. We make no guarantee, representation or warranty that (i) the Services will be uninterrupted, secure or error free, (ii) any defects or errors in the Services will be corrected, or (iii) that any content or information you obtain through the Services will be accurate.
13.12. In particular, we are not liable for faults in technical equipment or in the quality of access to the service due to force majeure or events beyond our control (e.g. failure of communication networks).
13.13. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless PrivateSocial AG, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, any content or media uploaded by you, or your breach of these Terms and Conditions and this Agreement.
15.1. To resolve a complaint regarding the service or the website, you should contact the oesterreichchat.com customer support team using the Contact us form on our website.
15.2. The construction, validity and performance of these terms and conditions will be governed in all respects by the laws of Switzerland. You agree that any dispute arising under these terms and conditions or the agreement will be subject to the non-exclusive jurisdiction of the courts of Switzerland, unless otherwise determined by mandatory law.
PrivateSocial AG is the company incorporated by the laws of Switzerland, with the official registered address at Vorderlinden 2, 6374 Buochs
All the correspondence in respect of site usage, memberships, subscriptions and technical issues should be addressed to:
Address: Vorderlinden 2, 6374 Buochs
Email: support @ privatesocial . live