1 Scope and amendments to these Terms and Conditions, conclusion of the contract.
1.1 These General Terms and Conditions (GTC) shall apply to the entire business relationship between the Customer and moomoc GmbH

1.2 The contract is concluded upon acceptance of the respective contract application by moomoc GmbH

1.3 Amendments to these GTC shall be communicated to the Customer in text form at least eight weeks prior to the proposed date of their coming into effect. The Customer may object to the amendments in text form within eight weeks after receipt of the notification of amendment. If the customer does not object in time, the amendments shall be deemed approved. The customer shall again be specifically informed of this approval effect and of the deadline for the objection in the notification of change.

2 Content and subject matter of the contract with the customer, no investment advice

2.1 moomoc GmbH. operates a website with various training offers. The Customer is entitled to use the contents and functions of the Site in accordance with the terms of the Agreement.
2.2 The information provided on the Site is not based on an individual examination of the Customer’s personal circumstances. The service offered by moomoc GmbHmerely serves to support the customer in making his independent investment decision and to inform him about the essential circumstances of the investment.

3 Placing and Execution of Orders

3.1 moomoc GmbH does not accept orders for the purchase, sale and exchange of financial investment products or for their modification under any circumstances.

4 Use of the Internet Site

4.1 In order to use the Website, the Customer shall receive a user ID and a password (hereinafter also referred to jointly as: Access Data). The access data are exclusively intended for a highly personal use by the customer, a use by another person is inadmissible.
4.2 The Customer shall ensure that no other person obtains knowledge of its Access Data. In particular, the user ID must not be noted or kept together with the password. If the customer discovers that another person has gained knowledge of his access data, he is obliged to immediately arrange for a change of his password.
4.3 moomoc GmbH. is entitled to block the customer’s access to the site, if – factual reasons in connection with the security of the access data justify this, – there is a suspicion of unauthorized or fraudulent use of the access data, – there are indications that the customer has given false information about his person, his status or his economic entitlement, – the customer has sent a blocking notice to moomoc GmbH- the contractual relationship between the customer and moomoc GmbH has been terminated. moomoc GmbH will inform the customer immediately about the blocking.

5 Electronic Communication

5.1 The communication with the Customer shall basically take place electronically via the website or via e-mail. As a rule, moomoc GmbH will provide documents to the Customer by e-mail.
5.2 The Customer agrees to electronic communication and in this respect waives the sending of documents by post.
5.3 moomoc GmbH. is, however, entitled to deliver provided documents generally or in individual cases by post, if due to legal requirements a postal delivery is necessary or if moomoc GmbH considers this to be expedient under consideration of the interests of the Customer.

6. charges, costs, SEPA direct debit, prohibition of third party payments

6.1 The customer shall raise objections against the invoiced charges within two weeks after receipt of the invoice. Failure to raise objections in due time shall be deemed to constitute approval. This consequence shall be pointed out to the customer again separately in the statement of account.

7. cooperation obligations of the customer

7.1 The Customer shall notify moomoc GmbH without undue delay of any changes in its personal data (in particular name, address, e-mail address, bank account details).
7.2 The Customer itself is responsible for informing itself about the respective contractual provisions of the other service providers involved.

8. liability

8.1 moomoc GmbH shall be liable, with the exception of injury to life, body and health and the breach of essential contractual obligations (cardinal obligations), only for damage caused by intentional or grossly negligent conduct. Cardinal obligations are obligations arising from the nature of the contract, the restriction of which would jeopardize the achievement of the purpose of the contract or the fulfillment of which would make the proper execution of the purpose of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.2 The liability of moomoc GmbH shall be limited to the damages typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damages typical for the contract, except in the case of intentional or grossly negligent conduct or in the case of damages resulting from injury to life, body and health and the violation of essential contractual obligations (cardinal obligations). This shall also apply to indirect consequential damages such as, in particular, loss of profit.

8.3 The information and services on thomasvittner.com are directed to users with or without registration. However, the offers that the user finds on thomasvittner.com are expressly not directed at persons with their normal place of residence in countries that prohibit the holding or calling up of the content posted therein, in particular not at US persons within the meaning of Regulation S of the US
Securities Act of 1933 as well as Internet users in Great Britain, Northern Ireland, Canada and Japan. 

9 Assignment

9.1 The Customer may only assign claims against moomoc GmbH based on this contract to a third party with the consent of moomoc GmbHThis shall apply irrespective of the legal basis of the respective claim, e.g. claims for damages shall also be covered by the requirement of consent.

10 Availability of the website, maintenance

10.1 moomoc GmbH shall endeavor to make the Website and access thereto available to the Customer at all times. However, the Customer acknowledges that an availability without exception cannot be guaranteed. In particular, there may be short-term disruptions due to technical problems or unforeseen system failures. In addition, it is necessary to carry out maintenance work at certain intervals in order to keep the system up to date and to enable the greatest possible availability. In the described cases, moomoc GmbH is entitled to temporarily suspend the services offered on the website.

11. data protection

11.1 To the extent permitted by law, moomoc GmbH is entitled to collect, store, process and use personal data of the Customer. Legal regulations contain in this respect in particular the Data Protection Act and the Distance Selling Act. moomoc GmbH is entitled to forward this data to its contractual partners, as far as this is necessary for the handling of customer requirements.

11.2 moomoc GmbH. is obliged to maintain secrecy about all customer-related facts and evaluations of which it gains knowledge.moomoc GmbH may only disclose information about the customer to external third parties who are not involved in the execution of the contract if it is obliged to do so by law or by official order.

11.3 As a matter of principle, moomoc GmbH shall store the data electronically and forward and process them either electronically or in paper form for the purpose of fulfilling its contractual rights and obligations. The customer has the right to be informed at any time about the nature and extent of his stored, personal data and to request the immediate deletion of his data, unless otherwise provided by law.

12 Copyright

12.1 The content and works created by the site operators on these pages are subject to Austrian copyright law. Contributions by third parties are marked as such. The (complete or partial) reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Copyright notices and brand names may neither be changed nor removed. All actions beyond this require the prior written consent of moomoc GmbH

13. topicality of the information

Although moomoc GmbH considers the claimed sources to be reliable, we do not assume any liability for the completeness, correctness and up-to-dateness of all data and information reproduced on this website. All information on our website is provided without guarantee. The information displayed on the website may be changed at any time and without prior notice. Once published, information on the website must therefore not be understood to mean that circumstances have not changed since publication or that the information is still up to date since its publication.

14. linking

14.1 The creation of a hyperlink from other Internet pages to moomoc GmbH or an Internet page belonging to this online offer without the prior written consent of the respective operator is expressly prohibited. In particular, it is not permitted to integrate or display the Internet pages belonging to this online offer or their contents by means of a hyperlink in a partial window (frame).
14.2 The Website may contain links to external third-party websites over whose content moomoc GmbHhas no control. Therefore, moomoc GmbH cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. These links or references to third-party websites contained on this website do not constitute an endorsement of their content. No responsibility is taken for the availability or the content of such internet sites and no liability is assumed for damages or injuries resulting from the use ” of any kind” of such content.

15 Cookies

In order to make the use of the website more comfortable, moomoc GmbH uses so-called cookies. With the help of these cookies, data can be stored on the user’s computer when the website is called up. The data collected by the cookies can also be processed in countries outside the EU (especially in the USA), which may not have an equivalent level of data protection as the EU.

It is of course possible to prevent cookies from being stored on computers by making the appropriate settings in the browser. Afterwards, however, the functional scope of the website could be limited.

16. right to information

Visitors and users of moomoc GmbH have the right to request information about the personal data stored about them.

17. global use

In today’s time it is self-evident that internet services like moomoc GmbH can be offered and used worldwide. Nevertheless, different laws and rules apply in many countries. Therefore, each user who visits and or uses moomoc GmbH agrees that, regardless of the country in which he or she resides or from which country he or she accesses this website thomasvittner.com, he or she does so in accordance with the laws in force in the Republic of Austria and acknowledges these laws. Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Should individual provisions of this contract be wholly or partially ineffective or lose their effectiveness at a later date, this shall not affect the validity of the rest of the contract. The ineffective provision shall be replaced by the parties by an effective provision which corresponds as far as possible to the economic purpose of the ineffective provision. The same shall apply to any loopholes in the contract.

18. use of contact data

The use of contact data published within the framework of the imprint obligation or other contact data published on the website by third parties for the purpose of sending advertising and information material not expressly requested is hereby expressly prohibited.

The passing on of contact data can be permissible with some offers, if it serves first the purpose of the offer and secondly, if the customer agrees to this fact explicitly.

19. other provisions

19.1 Austrian law is applicable to the contractual relationship between moomoc GmbH and the customer.
19.2 If the Customer does not have a general place of jurisdiction in Austria, the place of jurisdiction shall be the registered office of moomoc GmbH. The same shall apply if the Customer is a merchant and the dispute is attributable to the operation of its commercial business.
19.3 Should one or more provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions.