General Terms and Conditions

Last modified: 31.03.2025

General Terms and Conditions of myClubs GmbH

Preamble

myClubs GmbH, based in Vienna, Austria ("myClubs") offers a web-based platform ("Platform") at www.myclubs.com and via the myClubs app. The platform provides the range of courses (e.g. fitness or yoga courses) and sports facilities (e.g. fitness equipment, tennis courts, climbing halls) of sports providers cooperating with myClubs, such as operators of fitness studios, sports clubs and other sports facilities ("sports providers"), but also for sports units organized by myClubs itself. Anyone who is registered on the platform ("registered user") can view the sports offerings of all sports providers and search through them using various filter functions. Anyone who has concluded a membership contract with myClubs ("member") can also use the sports offerings of all sports providers within the scope of the respective tariff selected by the member.

In this respect, myClubs as an intermediary for the conclusion of individual contracts between members and sports providers for sports services or the use of sports facilities. myClubs can also as a sports provider itself. In this case, the contract is concluded directly between the members and myClubs.

The following General Terms and Conditions ("GTC") apply to the myClubs membership contract.

§1 FREE REGISTRATION

  1. Platform users can set up personal access to the platform ("myClubs account") by entering their e-mail address and choosing a personal password. In addition, further registration options such as registration via external providers (e.g. Apple Login, Google Login) may be offered. The availability and implementation of such registration options is at the discretion of the platform operator and may be introduced, changed or discontinued by the platform operator at any time.

  2. Registration is free of charge and does not constitute membership.

  3. Users may only register in their own name. They must be of legal age and a natural person. The data provided to myClubs during registration must be complete and correct. Registration under a pseudonym, an incorrect address or e-mail address is not permitted. Personal access data must be treated confidentially by the member and may not be disclosed to third parties.

  4. myClubs reserves right to refuse the registration of users without giving reasons. In this case, the data transmitted by the user will be deleted immediately.

§2 MEMBERSHIP CONTRACT

  1. By concluding the membership contract, the member is entitled to use the services of myClubs (see §§ 3, 4) against payment of a fee (see § 5).

    A registered user (see § 1) can apply for membership with myClubs by selecting a membership plan for which a fee is charged. The membership contract is concluded when myClubs accepts the application for membership. There is no entitlement to acceptance of the application. When redeeming a gift card, the new customer must first enter the voucher code. They must then register as a user. Upon completion of the checkout flow, the customer becomes a member.

  2. The data requested by myClubs when applying for membership must be provided completely and truthfully and must be updated in the event of any changes. Members are free to upload a current photo of themselves via the platform. If the member does not upload a current photo of themselves via the platform, the member must be able to prove their identity to the respective sports provider upon request by presenting an official photo ID. If the identity cannot be proven upon request, the member cannot participate in the booked sports session. In this case, the member will still be charged for the corresponding sports session(s) in the FLEX and PREPAID rates (no successful check-in). In the UNLIMITED rate, an Incomplete Check-In Fee (No-Show Fee) will be charged (see § 5).

  3. An internet-enabled smartphone with a functioning camera is required to use the myClubs sports offer. It is also necessary to install the myClubs app, which available for devices with iOS and Android operating systems via the Apple App Store or the Google Play Store.

  4. myClubs is entitled to limit the maximum number of check-ins (visits) per sports provider and membership month. The "membership month" begins on the day on which the membership contract is concluded or, in subsequent months, on the day corresponding to the day on which the contract is concluded and ends at midnight on the previous day of the following calendar month. The relevant terms and conditions of the booking, in particular with regard to reservation deadlines, cancellation deadlines and visit limits, can be found on the platform.

  5. The member can voluntarily consent to the collection and use of location data by myClubs. Location data is collected solely for the purpose of improving the service offering, in particular to display nearby sports providers and to optimize location-related functions. A check-in with sports providers is possible at any time, regardless of the location release. Consent can be revoked by the member at any time with effect for the future in the app settings. The use of the myClubs app and www.myclubs.com remains possible without restriction even without granting consent. Location data is processed in compliance with data protection regulations and exclusively for the purposes stated.

  6. The member has the opportunity to participate in the myClubs referral program. As part of this program, the member can a bonus visible in the myClubs app when recommending new members. The amount of the bonus can be adjusted by myClubs or the referral program can be discontinued at any time. The member will also be notified of this by e-mail 30 days. Bonus amounts already credited will be taken into account before this period expires and offset accordingly. The bonus will automatically be credited to the monthly membership fee of the referring member in the following month. If no debit is made in the following month, for example due to termination, a break in membership or another reason, the bonus is forfeited. Payment or transfer of the bonus is excluded.

  7. The member can participate in a loyalty program by expressly registering, either via <www.myclubs.com> or in the myClubs app. As part of the registration process, the member is obliged to agree to the terms and conditions of participation in the loyalty program by giving their consent by ticking a digital confirmation box in the registration form. Participation in the loyalty program is only possible after agreeing to the conditions of participation. The current version of the conditions of participation is available at <www.myclubs.com> and in the myClubs app.

§3 MEDIATION SERVICE AND SPORTS OFFER/CHECK-IN WITH SPORTS PROVIDERS

  1. myClubs mediates individual contracts for sports services or the use of sports facilities between a member and a sports provider ("mediated sports contract") by presenting the sports offerings of the sports providers on the platform. The type and scope of the sports offer of the sports providers can be found in the respective specific description of the offer on the platform. The sports offer of a sports provider presented on the platform may differ from the sports provider's offer for its own customers (who are not members of myClubs).

  2. myClubs endeavors to broker as many sports offers from sports providers as possible via the platform and to continuously expand the number and variety of such sports offers by acquiring additional sports providers. The sports provider decides independently which sports offers the platform mediates and manages its sports offers itself. myClubs can only mediate sports services and sports facilities from sports providers that the sports provider offers via the platform. myClubs is bound to the participant capacity reported as available by the sports provider when mediating sports contracts.

  3. A sports contract mediated by myClubs between a member and a sports provider is concluded through the process of the member checking in with the sports provider ("check-in"). The check-in takes place when the member creates a ticket with the sports provider using the check-in system provided by myClubs. A separate check-in takes place for each course unit. When using sports facilities (e.g. squash, badminton, fitness studio), check-in takes place for a period defined on the platform. Also when using of sports facilities, a ticket must be issued. This constitutes acceptance of the specific sports offer from the sports provider. Every myClubs member undertakes to carry out the myClubs check-in on site at the sports provider using their smartphone and create a valid ticket before participating in the booked session. The check-in a ticket for the booked sports session.

  4. A sports contract mediated by myClubs between a member and a sports provider is concluded in accordance with the applicable contractual terms and conditions of the sports provider (e.g. house rules, terms of use, participation requirements or general terms and conditions). These can be viewed on the homepage of the respective sports provider or on site at check-in.

  5. All contractual claims, rights and obligations arising from a sports contract brokered by myClubs exist exclusively between the member and the sports provider. In particular, myClubs assumes no liability for the availability of the sports offer of the sports provider, for example in the event of fully booked courses or course cancellations.

  6. If there are changes to the sports program at short notice, such as postponements, cancellations, overbooking or similar, myClubs will forward such information - if available - to members with an active reservation.

§4 USE OF THE PLATFORM

  1. myClubs endeavors to the platform available for use 24 hours a day, 7 days a week. The platform may be temporarily unavailable due maintenance work or technical faults.

  2. The platform is protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of myClubs. The design of the platform and, in particular, content posted on the platform (e.g. databases, photos, images, videos or texts) are also protected by copyright or are subject to other laws for the protection of intellectual property and, unless otherwise indicated, are the property of myClubs. Trademarks used on the platform are protected under trademark law; the term and the "myClubs" sign are protected by various registered word and figurative marks.

  3. The member grants myClubs the free, non-exclusive, irrevocable and perpetual right to use, modify, copy and reproduce all content posted by him/her on the platform and, in particular, to keep it permanently available on the platform for retrieval and make it publicly accessible. myClubs has the right to move contributions within the platform and combine them with other content. The member waives the right to be named as the author and declares, if applicable, that he/she has obtained such a waiver from the author.

  4. Insofar as the member evaluates sports offers and sports providers, he/she must in particular refrain from posting contributions if the publication of their content constitutes a criminal offense or an administrative offense, if their content violates patent, copyright, trademark or competition law, is incorrect, misleading, abusive, defamatory, pornographic, obscene or vulgar, misleading, offensive, threatening, racist, discriminatory, abusive, damaging to reputation, pornographic, obscene or vulgar, which are mass contributions with the same content or with advertising content, which are likely to impede or delay the technical operation and availability of the platform.

  5. The member is only permitted to reproduce personal data with the express permission of the person concerned.

  6. myClubs is entitled to delete posts that violate applicable law or these GTC.

§5 DURATION OF CONTRACT, REMUNERATION AND PAYMENT MODALITIES

  1. The membership contract exists for an indefinite period. For the use of the services of myClubs, the member will be charged a fee in accordance with the prices shown on the platform ("membership tariff"). The member can choose one of the following tariffs (see §§ 5.2, 5.3) to offset the fee. A limitation of the maximum check-ins (visits) per sports provider and membership month is possible.

  2. In the FLEX and PREPAID tariffs, the member is entitled to a certain number of units that can be used to take advantage of the sports offer ("sports units"). One or more sports units are charged for each check-in (see § 3). The scope of services that can be used with sports units is defined individually for each sports offer and can found in the offer or course description on the platform. Payment of a surcharge may be required for certain sports offers or additional services, provided this is indicated on the platform.

    1. "FLEX" tariffs: The member pays a fixed amount for a membership month ("fixed amount") and can thus use a certain number of sports units in addition to using the platform per membership month (see § 2. 4). The sports units not used within a membership month expire at the end of the membership month.

    2. "PREPAID" tariffs: The member pays a one-off fee and can the number of sports sessions shown on the platform. Once the quota of sports sessions has been used up, the member can purchase additional sports sessions.

  3. The following applies to the "UNLIMITED" tariff:

    1. The member pays a fixed amount for a membership month ("fixed amount") and can thus use a sports offer ("fair use rule") in the form of a check-in every day in addition to using the platform. The scope of services that can be used in a membership month, as well as specific booking restrictions, are defined individually for each sports offer and can be found in the offer or course description on the platform. Payment of a surcharge may be required for certain sports offers or additional services if this is indicated on the platform.

    2. myClubs expressly reserves the right to extraordinary termination in the event of violations of the fair use rule.

    3. UNLIMITED members are obliged to pay a fee ("Incomplete Check-In Fee (No-show Fee)") in the amount of EUR 9.75 if a booked service is not used or the check-in on site is not completed. myClubs will inform the member within 24 hours by email of any Incomplete Check-In Fee (No-Show Fee) due, which will be charged automatically. An Incomplete Check-In Fee (No-Show Fee) is due seven days after the incomplete check-in. If a technical error on the myClubs platform caused the incomplete check-in, no Incomplete Check-In Fee (No-Show Fee) will be charged. The member may object to the fee if they can prove that they were not at fault for the incomplete check-in. An objection is possible in particular if the sports provider has canceled the booked sports event.

  4. Payment for services provided by a sports provider under a sports contract concluded between a member and a sports provider and brokered by myClubs is made by myClubs.

  5. Binding reservations may be required for certain sports offers of the sports providers if this is indicated on the platform. Reservations can be canceled free of charge within the cancellation period specified on the platform. If the cancellation deadline specified is not met or if the member culpably fails to make use of the sports provider's service despite a binding reservation (no successful check-in), the member will be charged for the corresponding sports unit or sports units in the FLEX and PREPAID tariffs. In the UNLIMITED rate, an Incomplete Check-In Fee (No-Show Fee) will be charged. In the event of repeated culpable non-utilization of reserved services during the contract period, myClubs the right to extraordinary termination.

  6. For the FLEX and UNLIMITED tariffs, the monthly fixed amount is due on the day of the respective membership month. The member authorizes myClubs online via the platform to collect the fee to be paid by the member from the means of payment specified when applying for membership.

  7. myClubs is entitled to adjust the membership fee if the following circumstances specified in the contract change:

    • Changes to statutory or official regulations that make it necessary to adjust the fee,
    • significant changes in market prices or production costs, including inflation rates or price increases for raw materials and energy,
    • Adjustments to tax rates that affect remuneration,
    • Changes in infrastructure or platform costs.

    The adjustment (increase or decrease of the fee to be paid by the member) will only be made if these circumstances objectively and verifiably occur without them within the sphere of influence of myClubs. If a fee change is necessary, myClubs will adjust the fee accordingly and inform the member at least 30 days before the change comes into effect. If a reduction in the relevant costs, myClubs will reduce the fee accordingly. If the member does not agree to the price increase within 30 days, myClubs may terminate the contract.

  8. The member authorizes myClubs via the platform to collect the fee to be paid and the Incomplete Check-In Fee (No-Show Fee) from the means of payment specified in the membership application. If the collection of the fee or an Incomplete Check-In Fee (No-Show Fee) fails, the member must reimburse myClubs for the "Charge-Back Fee" (bank charges due to failed SEPA direct debit) incurred by myClubs, provided that the member has caused the failure at least through slight negligence and has not demonstrably and lawfully prevented the collection of the claim. In the event of a returned direct debit (e.g. due to insufficient funds in the current account or credit card, expiry of the current account or unjustified objection by the account holder), the member authorizes myClubs to submit the payment obligation due up to three further times.

  9. If the member is in default of payment, the member owes the statutory default interest at the rate applicable to the member. Furthermore, in the event of late payment caused by at least slight negligence on the part of the member, the member undertakes to reimburse myClubs for any reminder and collection fees incurred, insofar as they are necessary for appropriate legal action.

  10. There is no cash redemption for vouchers and discount codes. There is no entitlement to a voucher or discount code.

§6 MEMBERSHIP RIGHTS NON-TRANSFERABLE

  1. All rights of the member arising from the membership contract are strictly personal and non-transferable. The member is prohibited from using myClubs services outside the purpose of the contract without the express consent of myClubs. In particular, members may not pass on their access data to third parties or give them access to their myClubs app. The QR code, which is available at the sports providers and which the member uses to check in with the camera and myClubs app within 30 minutes before and after the sports session, may only be used by the member. In addition, the member is prohibited from giving the end device used to access myClubs to third parties.

  2. myClubs services, and in particular access to the personal myClubs account, may not resold, transferred to third parties free of charge or for a fee, or used in any other way with the intention of making a profit. The member is liable to myClubs for damages caused by the intentional or grossly negligent unauthorized transfer of access to the platform.

§7 PROVISIONAL EXCLUSION AND EXTRAORDINARY TERMINATION BY MYCLUBS AND BY THE MEMBER

  1. In the event of a breach of contractual obligations by a member (including these GTC), myClubs is entitled to issue a warning to the member and, if the breach persists, to exclude the member from further use of the platform and from using the services of myClubs until the breach of obligation is ceased or remedied.

  2. myClubs is entitled to extraordinary termination the membership contract for good cause. In the event of termination of the membership contract for good cause by myClubs, sports units already paid for but not used will be refunded on a pro rata basis, unless the termination is due to culpable behavior on the part of the member. Good cause arises from a repeated breach of contractual obligations (including these GTC, which become part of the contract), despite prior warning. Good cause also exists in particular if

    1. if the member intentionally provides false or incomplete contact details,

    2. if the member passes on his/her personal myClubs access (login data) to third parties or otherwise makes it accessible without authorization; in this case, myClubs also reserves the right to claim damages,

    3. if the member is in arrears with the payment of the fixed amount for two consecutive dates or fails to pay the fixed amount for the membership on time three times,

    4. if the member in the UNLIMITED tariff repeatedly and culpably fails to make use of reserved services,

    5. in the event of gross misconduct by the member towards sports providers, myClubs or other members, or

    6. if the member commits intentional deception (e.g. by providing false information or concealing relevant information in order to gain unauthorized advantages for themselves or third parties), misuses services, manipulates the myClubs platform or commits geolocation fraud by providing or manipulating false location data in order to gain unauthorized advantages for themselves or third parties.

  3. The member has the right to terminate the membership contract extraordinarily and without notice if there is good cause. Good cause shall be deemed to exist if the member can no longer reasonably be expected to continue the contractual relationship until the end of the notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties. Good cause includes in particular

    1. Breaches of contract by myClubs,

    2. loss of trust in the person of the contractual partner (e.g. in the event of serious breaches of duty),

    3. serious changes to the contractual circumstances that significantly impair the member's authorized use of the services.

    In such a case, the member is entitled to terminate the membership with immediate effect without having to observe a notice period.

§8 ORDINARY TERMINATION BY THE MEMBER AND BY MYCLUBS

  1. The member can terminate the membership contract in the FLEX or UNLIMITED tariffs at any time with a notice period of seven days to the end of the membership month. A written notification via chat in the myClubs app, on the website or by email to support@myclubs.com . is sufficient for the termination declarationThe timeliness of the notice of termination does not depend on when it is sent, but on when it is received by myClubs.

  2. myClubs can terminate the membership contract in the FLEX or UNLIMITED tariffs at the end of the membership month with a notice period of one month.

  3. The right of myClubs to extraordinary termination remains unaffected by this.

  4. All rights and obligations arising from the membership contract shall lapse when the termination takes effect. This does not apply to claims for damages, reclaims or outstanding payment claims, provided that these are based on obligations that have arisen lawfully.

§9 PAUSE AND TERMINATION DURING THE PAUSE

  1. Every member on one of the FLEX or UNLIMITED tariffs is entitled to suspend membership for up to 2 full membership months per year ("pause") without giving reasons. The member does not owe a fixed monthly amount for this period. The pause can be created in the myClubs app with a notice period of seven days until the end of the current membership month.

  2. Ordinary termination by the member during the break is possible if the break was entered with more than 7 days to the membership day. If the break was entered with less than 7 days before the membership day, an additional month of membership must be taken after the break.

§10 RIGHT OF WITHDRAWAL FOR CONSUMERS

  1. In the event that the member concludes the membership contract as a consumer within the meaning of the Consumer Protection Act (BGBl. 140/1979 in the version of BGBl. I No. 85/2024), he/she shall be entitled to the following right of withdrawal in accordance with Section 11 of the Distance and Off-Premises Transactions Act (BGBl. I No. 33/2014 in the version of BGBl. I No. 109/2022):

  2. The member has the right to withdraw from the membership contract within 14 calendar days without giving reasons.

  3. The withdrawal period is 14 days from the date of conclusion of the contract (see under § 2).

  4. If the member withdraws from the concluded UNLIMITED subscription after requested myClubs in the course of concluding the UNLIMITED subscription to start fulfilling the contract before the withdrawal period expires and myClubs has complied with this request, myClubs is entitled to withhold an amount from the fee to be repaid that corresponds to the services provided by myClubs up to the withdrawal in proportion to the total fee paid.

    A lump sum of€ 15.00 incl. 20% VAT per check-in carried out up to the time of withdrawal shall be as the basis for calculating the amount to be withheld. However, a maximum of half of the standard monthly fee will be deducted as a pro rata benefit. If the member has not carried out any check-ins at the time of exercising the right of withdrawal, myClubs will not retain any pro rata fee.

    The remaining amount will be refunded after deduction of the above- mentioned share without additional costs for the administrative processing of the refund.

  5. If the member withdraws from the concluded FLEX subscription after having requested myClubs in the course of concluding the FLEX subscription to start fulfilling the contract before the withdrawal period expires, and myClubs has complied with this request and the member has acknowledged that in the event of partial consumption he/she must also pay the pro rata costs, myClubs is entitled to withhold an amount from the fee to be repaid which, in comparison to the total fee paid, corresponds proportionately to the services provided by myClubs up to the withdrawal. This takes into account how many of the total available units have already been consumed. For example, if two out of four units have been used, the refund will only be made for the value of the remaining two units.

  6. If the member cancels the PREPAID subscription after having requested myClubs to cancel the PREPAID subscription before the end of the If myClubs has complied with this request and the member has acknowledged that in the event of partial consumption he or she must also pay the pro rata costs, myClubs is entitled to withhold an amount from the fee to be repaid that corresponds proportionately to the services provided by myClubs up to the time of withdrawal in comparison to the total fee paid. For example, if three out of ten booked training sessions have already been consumed, the refund will only be made for the value of the remaining seven sessions.

§11 LIABILITY PROVISIONS

  1. myClubs is only liable for damages to the member if the damage was caused by myClubs or a person attributable to myClubs through gross negligence or willful misconduct. Liability is excluded for damages by slight negligence. Slight negligence occurs when a mistake is made that can occasionally happen even to a careful person. In such cases, the occurrence of damage is usually unforeseeable and a person with average care could make the same mistake. However, this restriction does not apply to personal injury or to damages incurred by the member as a result of a breach of myClubs' primary obligations under the membership contract (provision of the platform and brokering of sports contracts).

  2. myClubs expressly assumes no liability for the fulfillment of contractual and other obligations of the sports provider towards the member. In particular, myClubs is not liable for the availability of the services offered by the sports providers and any damages, injuries to a member, arising in connection with the use of the sports provider's services.

  3. myClubs is only liable for damages resulting from any misuse of the member's access data in the event of intent or gross negligence. Liability is excluded for damages caused by slight negligence. Slight negligence is deemed to exist if a mistake is made that can occasionally happen even to a careful person. In such cases, the occurrence of damage is usually not foreseeable and an averagely attentive person could make the same mistake. This restriction applies myClubs is not liable for personal injury. myClubs is not liable for any damage caused by the user's failure to comply with their duty of care.

  4. The member is obliged to comply with applicable legal provisions when using the platform. myClubs is not liable for violations of legal provisions by the member, unless myClubs has contributed to the occurrence of such violations through inadequate information, incorrect platform design or its own actions.

  5. The member undertakes to indemnify myClubs from third-party claims insofar as these are based on the fact that the member violates the rights of third parties through their own content, behavior or actions. This includes, in particular, claims for damages, injunctive relief, warning costs and other costs that may arise from the infringement of third-party rights (such as copyrights, trademark rights, personal rights or other intangible rights). However, this only applies if myClubs itself had no knowledge of the infringement or could not have recognized it if it had exercised reasonable care. The member is not obliged to indemnify myClubs if and to the extent that myClubs has contributed to the claims of third parties through its own knowledge or grossly negligent ignorance of an infringement or by failing to take measures to prevent the infringement despite knowledge or grossly negligent ignorance.

  6. myClubs is obliged to take appropriate measures immediately upon becoming aware of illegal content, such as deleting or blocking this content.

§12 DATA PROTECTION

The data protection provisions of myClubs apply to all registered users and are an integral part of the membership contract. They are available at www.myclubs.com/at/en/data-protection. Data is processed exclusively in accordance with the provisions of Austrian data protection law.

§13 APPLICABLE LAW

All agreements made between myClubs and the member as well as these GTC are subject exclusively to Austrian law, excluding the conflict of law rules of the IPRG and the UN Convention on Contracts for the International Sale of Goods.

§14 AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS AND POSSIBILITY OF OBJECTION

  1. The provisions of these GTC may be amended by myClubs if this is necessary for an objectively justified reason that is current at the time of the amendment. Such reasons exist in particular if changes are necessary in order to:

    • comply with new legal or regulatory requirements (e.g. changes to tax law, data protection regulations);
    • react to technical developments that require an adaptation of the services or functions offered (e.g. improved security standards, new digital infrastructure);
    • adapt the services to objectively changed market conditions (e.g. B. increased operating costs due to inflation or changes in market standards); or
    • introduce new, beneficial or neutral functions or services for members (e.g. additional sports offers, improved booking tools).

  2. Content restriction: Changes may not unreasonably affect the essential rights and obligations of the parties or the contractual balance. In particular, price changes are only permitted if they are based on objective and transparent criteria within the meaning of Section 6 (3) KSchG (e.g. an annual adjustment to the consumer price index) and these criteria are clearly communicated to the member in advance.

  3. Time limit: Amendments to the GTC may be made no earlier than six months after the last amendment, unless mandatory legal or regulatory requirements require faster implementation.

  4. Communication of the changes: Members shall be notified of changes in a timely and transparent manner at least 30 days prior to their planned entry into force. This shall be done by publication on the platform and by e-mail to the address provided by the member. The notification shall contain a clear and comprehensible justification for the changes and an overview of their impact on the contractual relationship.

  5. Consent to changes and rights of the member: Amendments shall only enter into force if the member expressly agrees to them in writing within 30 days of receipt of the notification of amendment. Without such consent, the previous conditions shall remain unchanged. If the member does not give their consent, they have the right to continue their membership subject to the 30-day notice period or to terminate their membership with immediate effect.

  6. Other restriction: myClubs undertakes to make changes in a proportionate manner and to ensure that the essential purpose of the contractual relationship is preserved. Changes that exclusively benefit myClubs or cause disproportionate disadvantages for the member are inadmissible within the meaning of Section 879 (3) ABGB.

  7. The member undertakes to indemnify myClubs from third-party claims insofar as these are based on the fact that the member violates the rights of third parties through their own content, behavior or actions. This includes, in particular, claims for damages, injunctive relief, warning costs and other costs that may arise from the infringement of third-party rights (such as copyrights, trademark rights, personal rights or other intangible rights). However, this only applies if myClubs itself had no knowledge of the infringement or could not have recognized it if it had exercised reasonable care.

  8. The member is not obliged to indemnify myClubs if and to the extent that myClubs has contributed to the claims of third parties through its own culpable conduct, in particular through knowledge or grossly negligent ignorance of an infringement or through failure to take measures to prevent the infringement. In such cases, myClubs is liable within the scope of the statutory provisions.

  9. myClubs remains obliged to take appropriate measures immediately in the event of knowledge or grossly negligent ignorance of illegal content, such as the deletion or blocking of such content, in order to avoid liability as an accomplice.

Current Terms and Conditions as PDF

Current General Terms and Conditions (PDF)

Older Versions of the Terms and Conditions

General Terms and Conditions valid for purchases concluded between 12.11.2021 and 30.03.2025 (PDF)