GENERAL TERMS AND CONDITIONS OF USE
THE “Guru Cash Flow Management GmbH”
- General / scope / contractual relationship
1.1. Guru Flow Management GmbH (hereinafter referred to as “Guru Flow Management GmbH”) is registered in the commercial register under the FN 630393 e.g registered company based in 1010 Vienna, Graben 28 / Staircase 1 / Door 12, in Austria.
Guru Flow Management GmbH provides primarily for entrepreneurs (hereinafter referred to as “users”) modules on its internet platform with different service products from selected and verified third parties (hereinafter referred to as “providers”), which the user can book. In this case, a separate contract is concluded between the user and the offering company or companies offering the respective module. Guru Flow Management GmbH acts exclusively as an intermediary.
In addition, services are also provided on the platform and products are delivered directly by Guru Workflow Management GmbH in accordance with separate offers. Guru Flow Management GmbH can use third parties as service providers, but in such cases remains the sole contractual partner and contact person for the user.
1.2. The following conditions apply exclusively to contracts between Guru Flow Management GmbH and the user. The user must expressly agree to these conditions before registering and placing an order on the Guru Flow Management GmbH platform. Successful registration on the platform gives the user implicit consent.
1.3. Deviating or supplementary agreements require the express written consent of Guru Flow Management GmbH.
1.4. Business customers (B2B) have no right of withdrawal, regardless of whether the contract is concluded with Guru Flow Management GmbH or with the providers. This right of withdrawal is valid regardless of the information provided by the provider and is expressly accepted when booking or ordering.
- Requirements/Account
2.1. In order to enable participation on the platform, the user is obliged to set up a free account with an individual user profile on the Guru Flow Management GmbH website.
2.2. The account must be set up with truthful and verifiable information. When registering an account, certain personal data, such as first and last name, date of birth, telephone number and email address, must be transmitted to Guru Flow Management GmbH. The user is responsible for ensuring that his account details are and remain correct, complete and current.
2.3. The user is obliged to keep his password safe and secret. The user is liable for damage caused by improper handling or passing on of the password.
2.4. Passing on the account or the associated rights to third parties is not permitted. The user is responsible for all activities on his account and undertakes to comply with all relevant laws. The platform may only be used for lawful purposes.
- Availability
There is no claim to the constant availability of the services or applications of Guru Workflow Management GmbH. The user is aware that there is no guarantee that his data will be accessible on the Internet. Guru Flow Management GmbH assumes no liability for failures or unavailability of the platform, its services or applications and the resulting consequences. In particular, Guru Flow Management GmbH is not liable for force majeure, technical problems from third-party providers or other circumstances that are beyond the control of Guru Flow Management GmbH.
- Technical responsibility
4.1. Guru Flow Management GmbH uses appropriate technical measures to protect its platform on the Internet from unauthorized attacks (e.g. hacking). However, the user acknowledges that absolute protection cannot be guaranteed on the Internet. Guru Flow Management GmbH is only liable to the user for intentional and grossly negligent violations of their contractual obligations. Liability for slight negligence is excluded unless this contradicts mandatory consumer protection regulations.
4.2. The liability of Guru Flow Management GmbH is limited to typically foreseeable damages. Under no circumstances will Guru Flow Management GmbH be liable for lost profits, consequential damages, indirect and indirect damages or pure financial losses.
4.3. If Guru Flow Management GmbH acts as an intermediary, it assumes no liability towards either the user or the provider.
- Violations/Suspension
Violations of the terms of use or applicable law will result in the user account being immediately blocked by Guru Flow Management GmbH.
- Manipulation
Any intentional manipulation or deception for the purpose of circumventing Guru Workflow Management GmbH's control and protection mechanisms will result in the account being blocked immediately. Guru Flow Management GmbH is not liable for any damage caused as a result.
- Data protection
The user expressly agrees to the processing and storage of their data by Guru Flow Management GmbH and can revoke this consent at any time. All data is used exclusively for internal purposes. Guru Flow Management GmbH passes on the user's data to the providers associated with the module for order processing. Other third parties are not covered by this data transfer.
- Digital communication
By registering on the Guru Flow Management GmbH website, the user agrees to digital communication, e.g. by email.
- Modules / Business conclusion / Withdrawal / Termination
9.1. On the Guru Workflow Management GmbH platform, entrepreneurs offer paid services and products that are primarily useful for entrepreneurs and private users. The user can conclude a contract by booking a module or contacting the provider. If a contract is concluded, it should be noted that the terms and conditions of the respective provider are also automatically deemed to be accepted.
9.2. For services provided directly by Guru Flow Management GmbH, the contract is only concluded after booking and payment through a confirmation email from Guru Flow Management GmbH.
9.3. Users have the option of subscribing to the above-mentioned services or products for a certain period of time. Subscriptions may require a deposit, with the balance then paid in monthly installments.
9.4. The subscription has a minimum term and is automatically extended by this minimum term if it is not canceled in writing at least three months before expiry.
9.5. There is generally no right of withdrawal for business customers (B2B), regardless of whether the contract is concluded with Guru Flow Management GmbH or with the providers. This right of withdrawal is independent of the information provided by the provider and is expressly accepted when booking or ordering.
- Payment processing and payments
10.1. Payment for services booked by Guru Flow Management GmbH as a contractual partner or agent is generally made in advance. Available payment methods are credit card, ATM, Sepa direct debit, instant bank transfer, PayPal or Apple Pay. Only credit card or debit card are available for subscriptions.
10.2. In the event of late payment of an installment as part of a subscription, the entire remaining amount becomes due immediately.
10.3. In the event of late payment, Guru Flow Management GmbH is entitled to charge default interest and to charge all reminder and collection costs.
- Disclaimer and Limitations of Liability
Guru Flow Management GmbH is not liable for transactions that are concluded or not concluded between users and providers. Guru Flow Management GmbH does not guarantee that transactions between users and providers will be carried out smoothly, nor does it guarantee the quality or suitability of the services or products offered. For damages that arise in connection with the use of the platform, Guru Flow Management GmbH is only liable for intentional and grossly negligent breaches of contract.
- Retention of title
Delivered products remain the property of Guru Flow Management GmbH until paid for in full.
- General Provisions
13.1. The user may not transfer the rights and obligations from his personal account to third parties.
13.2. Austrian law applies exclusively to the legal relationship between Guru Flow Management GmbH and the user and between the user and the provider, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of laws.
13.3. The user can only set off or assert a right of retention against claims of Guru Flow Management GmbH if the counterclaim is undisputed or has been legally established.
13.4. Guru Flow Management GmbH reserves the right to unilaterally change its general terms and conditions. The user will be informed of the changes in writing and can object within 14 days. In the event of a contradiction, Guru Workflow Management GmbH has a special right of termination without notice.
13.5. The competent court in Vienna has exclusive jurisdiction for all disputes arising from the legal relationship between Guru Workflow Management GmbH and the user as well as between the user and the provider. This provision does not apply to consumers.
