LEGAL

Operator of the website:

The eSports Company – a GALLAFiLZ brand

GALLAFiLZ GmbH
Molkenstrasse 08
8004 Zurich
SWITZERLAND

Telephone: +41 – 44 – 225 80 00
E-Mail: hello@the-esports.company
Website: www.esports.company

Managing director:
Jakob Schaetz
Register court: Zurich
Register number: CH-020.4.027.257-3

VAT identification number according to § 27a Umsatzsteuergesetz: VAT Nr. CHE-110.148.403 MWST

“The eSports Company” is a registered brand of GALLAFiLZ GmbH

Image rights:
Getty Images/FIFA, Jonathan Skudlik

© All rights reserved by GALLAFiLZ GmbH

General Terms and Conditions of Business of GALLAFiLZ GMBH

1. VALID RANGE

These General Terms and Conditions (“GTC”) apply to the business area of GALLAFiLZ GmbH (hereinafter “GALLAFiLZ”), Seefeldstr. 219, 8008 Zurich, Switzerland.

GALLAFiLZ provides consulting services free of charge and against payment in the field of esports. GALLAFiLZ offers services in connection with concept, management and marketing strategy. Furthermore, GALLAFiLZ sells products in the above mentioned area.

These General Terms and Conditions apply to the above-mentioned areas as well as to the other services which GALLAFiLZ provides directly and indirectly to the customer.

2. OFFER PRODUCTION AND CONCLUSION OF AGREEMENT

Offers made by GALLAFiLZ and dates and deadlines offered in this context are non-binding until the conclusion of the contract. The conclusion of the contract comes about through the acceptance of the offer of GALLAFiLZ regarding the purchase of services or products by the customer.

The contract is also concluded when the customer makes use of, purchases or uses the services / products offered by GALLAFiLZ.

3. PRICES

Subject to other offers, all prices are quoted in Swiss francs (CHF). All prices include VAT, if applicable. The prices are exclusive of any other applicable taxes.

GALLAFiLZ reserves the right to change prices at any time. For the customer the prices valid at the time of the conclusion of the contract apply.

If the customer requests additional services outside the originally agreed project scope and project budget, these will be invoiced to the customer additionally, whereby the same rates apply as in the original offer.

4. terms of payment

The customer is obliged to pay the invoiced amount within 14 days of the invoice date.

If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he will automatically be in default. From the time of default, the customer shall owe interest on arrears in the amount of 5%.

GALLAFiLZ reserves the right to demand payment in advance at any time without giving reasons.

GALLAFiLZ has the right to refuse the provision of services in case of default of payment.

5. GALLAFiLZ OBLIGATIONS

5.1 Provision of services

Unless otherwise agreed, GALLAFiLZ fulfils its obligation by providing the agreed service. The service listings are provided both online and offline. For all further services, the places of performance agreed in other provisions shall apply.

5.2 Auxiliary persons

The parties have the express right to call in auxiliary persons to carry out their contractual obligations. They shall ensure that the auxiliary person is called in in compliance with all mandatory statutory provisions and any collective employment agreements.

6. CUSTOMER’S OBLIGATIONS

6.1 Exercise of rights of use

The customer / user is fully responsible for the secure storage of his access data and passwords. The customer / user is responsible for the content of the collected data and information.

The customer is obliged to take all precautions necessary for the provision of the service by GALLAFiLZ at the agreed place at the agreed time and to the agreed extent immediately.

By accepting these GTC, the customer / user also confirms that he has unlimited capacity to act and is of legal age. The customer / user declares that all information provided is true, up-to-date and in accordance with the rights of third parties, good morals and the law.

6.2 Obligations to cooperate

The customer is obliged to take all precautions necessary for the provision of the service by GALLAFiLZ at the agreed place at the agreed time and to the agreed extent immediately.

Furthermore, the customer is obliged to cooperate comprehensively and promptly. The customer must provide GALLAFiLZ with any information / documents required in connection with the provision of the service unsolicited, completely and correctly. GALLAFiLZ assumes that the information and documents supplied are correct and complete and comply with the statutory duties to cooperate and provide information. GALLAFiLZ shall only be responsible for checking the correctness and correctness of information, documents and figures of the customer if this has been agreed in writing in advance.

6.3 Further obligations

GALLAFiLZ is entitled to control the behaviour of customers in connection with the use of Internet platforms.

12. DATA PROTECTION

GALLAFiLZ may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. GALLAFiLZ shall take the measures necessary to secure the data in accordance with the statutory provisions.

The customer agrees to the storage and contractual use of his data by GALLAFiLZ in full and is aware that GALLAFiLZ is obliged by order of courts or authorities and is entitled to disclose information from the customer to these or third parties.  The data necessary for the performance of the service can also be passed on to commissioned service partners or other third parties.

If the customer has not expressly prohibited it, GALLAFiLZ may use the data for marketing purposes.

Furthermore, the data protection regulations apply.

13. CHANGES

GALLAFiLZ may amend these General Terms and Conditions at any time. The new version shall come into force upon publication on the GALLAFiLZ website.

The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract applies to the customers. Unless the customer has agreed to a newer version of the GTC.

7. RESET

Both parties have the right to withdraw from the contract at any time. The withdrawing party shall pay in full the expenses already incurred by the other party. Withdrawal at inopportune times is not permissible. The costs caused by the withdrawal will be charged to the customer. The customer will be informed of the exact amount when the contract is concluded.

8. RESERVATION OF PROPERTY (IF PRODUCTS)

GALLAFiLZ retains ownership of the products until the purchase price has been paid in full. Until then the customer may not dispose of the products, in particular neither sell nor rent or pledge them.

9. WARRANTY

GALLAFiLZ undertakes to perform all tasks assigned to it carefully and to the best of its knowledge and belief and in the interest of the customer. Goods and services are supplied in good quality and to current standards.

Defects and malfunctions for which GALLAFiLZ is not responsible are excluded from the warranty in any case. This includes force majeure, improper handling, interventions by the customer or third parties, as well as omission of software maintenance by the customer or third parties, excessive strain, unsuitable operating materials and purposes as well as unforeseeable technological changes.

GALLAFiLZ GmbH makes every effort to ensure good availability of www.esports.company and takes appropriate precautions to protect www.esports.company from interference by third parties.

All contents of the website are constantly checked carefully. Irrespective of this, no guarantee can be given for the correctness, completeness and up-to-dateness of the data / information and documents.

10. LIABILITY

GALLAFiLZ and GALLAFiLZ GmbH do not assume any liability for the contents of external links despite careful control of the contents. The operators of the linked pages are solely responsible for their content.

Any liability for auxiliary persons is completely excluded.

11. IMMATERIAL GOODS RIGHTS

GALLAFiLZ is entitled to all rights to the products, services and possible trademarks or is entitled to their use by the owner.

In addition, any further use, publication and making accessible of information, images, texts or other items, which the customer receives in connection with these provisions, is prohibited, unless explicitly approved in writing by GALLAFiLZ or its owner.

If the customer uses contents, texts or pictorial material in connection with GALLAFiLZ, to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.

14. PRIORITY

These GTC take precedence over all provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.

15. CONFIDENTIALITY

Both parties, as well as their assistants, undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall remain in force even after termination of the contract.

16. APPLICABLE RIGHTS

These GTC are subject to Swiss law, to the exclusion of the conflict-of-law rules of international private law. The exclusive place of jurisdiction is Zurich.

17. COPYRIGHT

The website www.esports.company and its individual elements are protected by copyright. Any unauthorized use of the individual elements of the website – in whole or in part – in particular their reproduction, distribution and processing is prohibited.

12. DATA PROTECTION

GALLAFiLZ may process and use the data recorded within the framework of the conclusion of the contract for the fulfilment of the obligations arising from the contract. GALLAFiLZ shall take the measures necessary to secure the data in accordance with the statutory provisions.

The customer agrees to the storage and contractual use of his data by GALLAFiLZ in full and is aware that GALLAFiLZ is obliged by order of courts or authorities and is entitled to disclose information from the customer to these or third parties.  The data necessary for the performance of the service can also be passed on to commissioned service partners or other third parties.

If the customer has not expressly prohibited it, GALLAFiLZ may use the data for marketing purposes.

Furthermore, the data protection regulations apply.

13. CHANGES

GALLAFiLZ may amend these General Terms and Conditions at any time. The new version shall come into force upon publication on the GALLAFiLZ website.

The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract applies to the customers. Unless the customer has agreed to a newer version of the GTC.

14. PRIORITY

These GTC take precedence over all provisions and contracts. Only provisions from individual contracts, which still specify the provisions of these GTC, take precedence over these GTC.

15. CONFIDENTIALITY

Both parties, as well as their assistants, undertake to treat confidentially all information submitted or appropriated in connection with the services. This obligation shall remain in force even after termination of the contract.

16. APPLICABLE RIGHTS

These GTC are subject to Swiss law, to the exclusion of the conflict-of-law rules of international private law. The exclusive place of jurisdiction is Zurich.

17. COPYRIGHT

The website www.esports.company and its individual elements are protected by copyright. Any unauthorized use of the individual elements of the website – in whole or in part – in particular their reproduction, distribution and processing is prohibited.

DATA PROTECTION DECLARATION

1. GENERAL

GALLAFiLZ GmbH, Molkenstrasse 08, 8004 Zurich, is the operator of the website www.esports.company. GALLAFiLZ GmbH (hereinafter referred to as “GALLAFiLZ”) is the provider of the services offered on the website. GALLAFiLZ is therefore responsible for the collection, processing and use of your data and must ensure compliance with Swiss law.

GALLAFiLZ must inform you which data is collected on www.esports.company and how it is used. Please note that this Privacy Policy may change from time to time. It is therefore recommended that you read the privacy statement periodically to be familiar with the latest version.

2. collection, use and processing of personal and company-related information

We expressly point out that data transmission on the Internet (e.g. communication by e-mail) is subject to security gaps and cannot be completely protected against access by third parties.

When you visit www.esports.company, certain data may be automatically stored on our servers or on servers of services and products that we purchase and/or have installed for system administration, statistical or security purposes or for tracking purposes.

This is the case:

  • the name of your Internet Service Provider
  • your IP address (under certain circumstances)
  • the version of your browser software
  • the operating system of the computer with which www.esports.company was accessed
  • the date
  • the time
  • the website from which you are visiting www.esports.company
  • the search words you used to find www.esports.company

Under certain circumstances, this data may allow conclusions to be drawn about a particular visitor. However, personal data is not used in this context.

By registering as a user and entering your data on www.esports.company you consent to the use of the data you have entered for service-related purposes. Furthermore, you agree that your data may be used for advertising measures / advertising purposes of third parties. If you do not agree with the use of the data for advertising purposes, you can prohibit this at any time by writing to hello@the-esports.company by e-mail.

3. FORWARD TO THIRD PARTY

Your data will be transferred to our partners (third parties) as far as the order processing makes it necessary. If we pass on data to external service providers, technical and organisational measures are taken to ensure that the data is passed on in accordance with the statutory provisions on data protection. In addition, we only pass on your data to external service providers if this is necessary for the execution of the contract and if they have agreed to the corresponding confidentiality and due diligence provisions. In addition, we will only pass on your data if we are obliged to do so by law or by official or court orders.

If you make personal or company data available to us on your own initiative, we will not use, process or pass on this data beyond the scope permitted by law or by you in a declaration of consent.

4. FUTURE, CLEARANCE AND REPORT

You can request information about your data stored by us at any time. We ask you to send a request for information by e-mail to hello@the-esports.company. Together with the request, proof of identity must be sent to the above address.

You have the possibility to request the deletion or correction of your data at any time. You are of course also entitled at any time to revoke your consent to the use or processing of personal data with effect for the future. We ask you to write to us by e-mail to hello@the-esports.company.

Stored data are deleted by us if they are no longer needed for the stated purpose.

Regarding the deletion of data, it should be noted that we are subject to certain legal obligations, which foresees a retention obligation for certain data. We have to comply with this obligation. If you wish the deletion of data which are subject to the legal storage obligation, the data will be blocked in our system and only used to fulfil the legal storage obligations. Once the retention period has expired, your request for deletion will be complied with.

5. DATA SECURITY

We will keep your information secure and therefore take all reasonable steps to protect your information from loss, access, misuse or alteration. Our employees and contractual partners who have access to your data are contractually bound to secrecy and compliance with data protection regulations.

6. COOKIES

To facilitate the use of our website www.esports.company we use so-called cookies. “Cookies” are small pieces of information that are temporarily stored by your browser on the hard drive of your computer and are required for the use of our www.esports.company. The information contained in the cookies thus serves to control the session, in particular to improve navigation, and enables a high degree of user-friendliness of a website.

The cookies we use do not store any personal information. Most web browsers automatically accept cookies. You can avoid this by changing the settings of your browser. You can remove cookies stored on your PC at any time by deleting the temporary Internet files.

Deactivating cookies may prevent you from using all the functions of our portal.

7. PLUG-IN

On the GALLAFiLZ website, so-called plug-ins are sometimes used. These are among others plug-ins of the following services:

  • Facebook: operated by: Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, United States
  • Twitter: operated by: Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, United States
  • Instagram: operated by: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, United States
  • YouTube: operated by: Google Inc. resident LLC 901 Cherry Ave. San Bruno, CA 94066 United States
  • Google+: operated by: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States
  • LinkedIn: operated by: LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, United States
  • Google AdSense: powered by: Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States
  • Google Analytics: operated by: Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States
  • Google Adwords: operated by: Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States

If you get within www.esports.company to a page which contains such a plug-in, your browser establishes a direct connection with the servers of the service providers. The content of the plug-in is transmitted by the Services directly to your browser and integrated into the website by it. If you are logged in to the social services, they can assign the visit to your user account. If you interact with the plug-ins (e.g. click on the “Like” button), the corresponding information is transmitted directly from your browser to the social service provider and stored there.

The purpose and scope of the data collection and the further processing and use of the data by the service provider as well as your rights and settings to protect your privacy, please refer to the data protection information of the respective provider.

If you do not want social services to collect data about you via this website, you must log out of the social services before visiting this website.

8. CHANGES

Changes to this privacy policy will be posted on this page. In this way, you can find out at any time what data we store, how we collect and use it. You can save and / or print the data protection regulations here.

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