General zero21 terms and conditions
Stand: 26. August 2023
Insofar as personal designations are only given in the masculine form in the following, they refer to women and men in the same way. For reasons of better readability, the simultaneous use of several language forms is avoided.
Guiding Innovators GmbH, FN 536594 i, Ungargasse 37, 1030 Vienna, Austria (hereinafter referred to as “ZERO21”) operates a network and event platform for networking start-ups and established companies (the “zero21 Club “). Individuals can become members of this network and event platform by becoming a member (the “MEMBERS” individually a “MEMBER”) and will receive invitations to various events, discounts for events and services from various partner companies and access to co-working spaces to the extent selected .
1.1 These general terms and conditions (hereinafter “GTC”) apply to all services and legal relationships within the framework of the zero21 Club between ZERO21 on the one hand and the MEMBERS together with ZERO21 also the “PARTIES”, individually a “PARTY”) on the other hand, which the services of ZERO21 according to point 2. and have been established or subsequently changed on or after August 26, 2023.
1.2 ZERO21 is not involved in the activities of the MEMBER. The MEMBERS do not represent – both among themselves and in connection with ZERO21 – an overall organization or a joint enterprise. ZERO21 merely provides certain services and the associated services.
2. SUBJECT MATTER, CONCLUSION AND DURATION
2.1 ZERO21 and its selected partner companies (the “PARTNERS”) enable the MEMBER, among other things, (i) to participate in events organized by ZERO21 and its PARTNERS at discounted rates, (ii) invitations to master classes, workshops and lectures and (iii) discounted access to Co-working Spaces (the “SERVICES”). The participating PARTNERS, current events, dates and further information on SERVICES can be accessed at www.zero21.club and are constantly updated.
2.2 A current list or summary of the memberships that can be selected and the associated SERVICES or costs (hereinafter referred to as “MEMBERSHIPS”) can be viewed at www.zero21.club. The MEMBERSHIP is booked by concluding a “MEMBERSHIP AGREEMENTS”. In particular, no cash payment is possible for participation in events on the part of ZERO21. Tickets and bookings of services are subject to availability and in the order in which they are received. We reserve the right to make changes.
2.3 The MEMBER can request one or more MEMBERSHIP(S) at www.zero21.club or book them directly (via the ZERO21 online portal). ZERO21 is responsible for selecting which MEMBERSHIPS must be requested and which can be booked directly online. In the case of a membership request, ZERO21 creates a tailor-made offer request for the (potential) MEMBER. The contents of such an offer request letter are non-binding and subject to change. The MEMBER then sends/hands over a signed version of this offer to ZERO21. In the case of a membership request, the MEMBERSHIP AGREEMENT is only concluded when ZERO21 countersigns and transmits or hands over a copy of the offer accepted by ZERO21 to the MEMBER. In the case of an online booking, the corresponding MEMBERSHIP AGREEMENT is concluded with confirmation by ZERO21. The acceptance of an offer by ZERO21 takes place in any case according to availability in the order of the offers or bookings received from the MEMBERS. However, ZERO21 reserves the right to reject offers/bookings without giving reasons.
2.4 The agreed contract duration results from the MEMBERSHIP AGREEMENT. If the MEMBERSHIP AGREEMENT is not terminated in accordance with point 13, the agreed contract period is automatically extended by a further 12 months. ZERO21 undertakes to inform a MEMBER who is a consumer within the meaning of § 1 Para. 1 Z 2 KSchG in good time, before the start of the agreed period of notice, of the possibility of termination if the contract is otherwise extended.
3. TYPE OF CONTRACT
The MEMBERSHIP AGREEMENT regulates a mixture of different services. ZERO21 provides certain services on the basis of the MEMBERSHIP AGREEMENT and gives the MEMBER the opportunity to use various discounts on services that ZERO21 itself or a PARTNER provides. In addition, ZERO21 offers invitations to events and other services subject to availability.
4.1 The member can choose from the following MEMBERSHIPS. ZERO21 reserves the right to adapt and supplement the included SERVICES at any time with equivalent services. The range of services can be seen at www.zero21.club or in the MEMBERSHIP AGREEMENT.
a) FREE MEMBERSHIP
b) ACCELERATOR MEMBERSHIP
c) ALUMNI MEMBERSHIP
5.1 ZERO21 offers the following SERVICES to its MEMBERS, each to a different extent, as part of the MEMBERSHIPS mentioned under item 4. ZERO21 reserves the right to adapt and supplement the included SERVICES at any time with equivalent services.
a) zero21 EVENTS offer MEMBERS the opportunity to take part in events in the startup, entrepreneur and lifestyle scene. ZERO21 announces events by means of an event calendar, which can be viewed at www.zero21.club or requested by e-mail, and is constantly updated. The MEMBERS will receive all information about these events as well as the possibility to register by e-mail.
Registration for events and access to tickets depends on the realizable capacity and requires the express consent of ZERO21. The MEMBERS have no legal right to participate in individual, specific events, either with regard to the use of zero21 EVENTS or the associated services.
b) MASTERCLASSES offer MEMBERS the opportunity to participate in Masterclass events. ZERO21 announces master classes via the calendar of events, which can be viewed at www.zero21.club or requested by e-mail, and is continually updated. The MEMBERS will receive all information about masterclasses as well as the possibility to register by e-mail.
The offer and registration for master classes depends on the realizable capacity and requires the express consent of ZERO21. The MEMBERS have no legal right to participate in individual, specific master classes, either with regard to the use of master classes or the associated services.
c) zero21 PERSONAL BENEFITS & zero21 BUSINESS BENEFITS: MEMBERS receive regular updates on new offers and special discounts on third-party services. These discounts are granted to MEMBERS only.
The provision of regular updates on new offers and special discounts for third-party services or other discounts by ZERO21 is limited and the use requires the express consent of ZERO21. The MEMBERS have no legal entitlement to participate in individual, specific zero21 PERSONAL BENEFITS and zero21 BUSINESS BENEFITS services with regard to the use of zero21 PERSONAL BENEFITS and zero21 BUSINESS BENEFITS services or the associated services.
6. ACCESS TO AND USE OF SERVICES
6.1 Access to the SERVICES is via the ZERO21 online portal at www.zero21.club. In order to be able to use the SERVICES, it is necessary to register as a MEMBER – stating personal data – and to select the MEMBERSHIP desired by the MEMBER. MEMBER shall (i) provide current and complete information and (ii) update such information to keep it accurate, current and complete at all times.
6.2 Registration/booking via the online portal of ZERO21 is required for the use of SERVICES.
6.3 If a member card is issued (the “MEMBERCARD”), ZERO21 retains ownership of the MEMBERCARD.
6.4 The MEMBER is responsible for the safekeeping of any access or login data as well as any MEMBERCARD (the “ACCESS DATA”) and is obliged to do so. The MEMBER shall IMMEDIATELY INFORM ZERO21 OF ANY THEFT OR LOSS OF ACCESS DATA. In the event of culpable missing or late information in the event of theft or loss of ACCESS DATA, the MEMBER is liable for the consequences of unauthorized access/access by third parties via the online portal of ZERO21 through the use of ACCESS DATA as well as for all other direct and indirect consequences associated therewith.
6.5 The MEMBERSHIP and ACCESS DATA may not be passed on; only MEMBERS are entitled to use SERVICES.
6.6 The MEMBER can take third parties with them to separately shown SERVICES (express approval by ZERO21) who, if they are not also MEMBERS, are considered guests. The MEMBER is jointly liable with their guests for damage that their guests culpably inflict on ZERO21, other MEMBERS or third parties when consuming a SERVICE.
6.7 If the MEMBERSHIP AGREEMENT is signed by a company, then the MEMBERSHIP applies to an employee. This employee must be made known to ZERO21 by name. If several employees are to have access, then membership must be taken out for each employee. The company itself is responsible for registering the employee concerned, takes all necessary measures and obtains any necessary data protection consent from the employee. The Company may replace the Eligible Employees with other employees by announcing the change of an employee to ZERO21.
7. FEES, SALES TAX AND FEES
7.1 The fee is specified in the MEMBERSHIP AGREEMENT. ZERO21 has the right to introduce further MEMBERSHIPS as it sees fit and to change currently selectable MEMBERSHIPS or no longer offer them in the future. Such a change has no effect on existing MEMBERSHIP AGREEMENTS at that time.
7.2 The fee agreed in the MEMBERSHIP AGREEMENT is to be regarded as a flat-rate net fee. In addition to the net all-in fee, the MEMBER undertakes to pay the statutory sales tax as well as any duties and legal transaction fees (if applicable). Unless otherwise agreed, the fee for additionally consumed services or if only discounts are granted as part of the MEMBERSHIP is due upon delivery of the respective statement.
7.3 Unless a monthly payment has been agreed otherwise in the MEMBERSHIP AGREEMENT, the entire fee plus VAT must be paid immediately after receipt of the corresponding invoice, whereby the fee plus VAT must be paid to the account specified by ZERO21 free of expenses and deductions. In the case of monthly payments, the fee plus sales tax must be paid immediately after receipt of the monthly invoice on the 1st of each month with a grace period of 5 days.
7.4 Unless otherwise agreed in the MEMBERSHIP AGREEMENT, all payments to ZERO21 are to be made by direct debit from a credit card, an online payment service (e.g. Stripe) or by bank transfer. Depending on the technical possibilities, the payment can also be made by a recurring direct debit mandate issued by the MEMBER.
7.5 If the MEMBER is in arrears with a payment, ZERO21 is entitled to demand payment of interest on arrears at the statutory rate and any dunning costs incurred.
8. PROHIBITION OF OFFSET
Unless otherwise agreed in the corresponding MEMBERSHIP AGREEMENT, the MEMBER is not entitled to offset their own claims against monetary claims of ZERO21 from the MEMBERSHIP AGREEMENT, unless these claims have been determined by a court or recognized by ZERO21.
9.1 THE LIABILITY OF ZERO21 TO THE MEMBER AND THEIR EMPLOYEES AND GUESTS IS LIMITED TO WILLFUL INTENT AND GROSS NEGLIGENCE. THE LIABILITY OF ZERO21 TO THE MEMBER AND THEIR EMPLOYEES AND GUESTS FOR DAMAGE CAUSED DUE TO SLIGHT NEGLIGENCE – OTHER THAN PERSONAL INJURY – IS EXCLUDED.
9.2 ZERO21 SHALL NOT BE LIABLE FOR DAMAGE TO THIRD-PARTY SERVICES, EXCEPT IN CASE OF WILLFUL INTENT AND GROSS NEGLIGENCE IN THE EVENT OF SELECTION FAULTS. FURTHER, ZERO21’S LIABILITY FOR LOSS OF DATA, LOST PROFIT AND OTHER DAMAGES IS EXCLUDED EXCEPT IN CASE OF WILLFUL INTENT AND GROSS NEGLIGENCE.
9.3 The MEMBER is liable for all culpable damage caused by the MEMBER or his guests.
9.4 If certain services are completely or largely impossible by chance or force majeure, such as fire, weather storms, war and the like, ZERO21 is not obliged to provide replacement services, even if corresponding insurance benefits are available. Rather, both PARTIES are entitled in this case to dissolve the MEMBERSHIP AGREEMENT by notifying the other PARTY in writing without mutual claims for expenses or damages.
10. RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1 The SERVICES may only be used by members in accordance with Item 6.6.
10.2 The failure or default by a PARTY to exercise any right, power or privilege under any MEMBERSHIP AGREEMENTS shall not be construed as a waiver of such right, power or privilege, and no single or partial exercise of any right, a Any power or privilege by any PARTY may preclude the further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
10.3 The MEMBER must tolerate the rescheduling, short-term cancellation or changes in content of SERVICES, in particular workshops, master classes or events. ZERO21 will endeavor to announce any changes immediately via the ZERO21 online portal or to inform the MEMBERS concerned in another suitable way (e.g. by e-mail). For consumers within the meaning of Section 1 Paragraph 1 Z 2 of the Consumer Protection Act (“KSchG”), the statutory warranty provisions apply.
10.4 ZERO21 cannot guarantee the security of the data network (network or internet) or any information that the MEMBER disseminates via this network and via the ZERO21 online portal. The MEMBER is obliged to procure all necessary security systems that it deems necessary and appropriate with regard to the activities it carries out (e.g. encryption, virus protection, firewalls). ZERO21 does not guarantee the availability of the ZERO21 online portal, the network or the Internet in relation to the needs of the MEMBER. ZERO21 will endeavor to fix any network problems in a reasonable time.
10.5 The MEMBER shall comply with all laws and regulations applicable to the performance of its activities and obtain official notifications, approvals or permits that are necessary for the performance of its activities and the holding or participation in an event. The MEMBER must submit any required notifications, approvals or permits to ZERO21 upon request and shall indemnify and hold harmless ZERO21 in the event that notifications, approvals or permits are missing.
10.6 After the termination of the MEMBERSHIP AGREEMENT (due to expiry of the contract period or other termination), the MEMBER’s access to the ZERO21 online portal will be blocked.
10.7 Forgotten items will be passed on to the responsible lost property office or kept for a period of one year, unless they are obviously worthless. Items stored by ZERO21 will be disposed of after one year.
10.8 IF THE MEMBER USES SERVICES ALTHOUGH THE UNDERLYING MEMBERSHIP AGREEMENT HAS ALREADY TERMINATED (EXCEPT FOR THOSE SERVICES WHICH NATURALLY ARE CONSUMED AFTER THE MEMBERSHIP TERMINATION), SHE IS OBLIGATED TO PAY AN ALIQUOTES USE FEE TO THE EXTENT OF THE LAST PROPOSED RENTED FEE ACCORDING TO THE (TERMINATED) MEMBERSHIP AGREEMENTS AND A CONVENTIONAL PENALTY IN THE AMOUNT OF TRIPLE THE GROSS MONTHLY PAY.
11.1 The MEMBER is obliged to
a) to treat other MEMBERS, their employees and guests as well as the employees of ZERO21 and their PARTNERS with respect;
b) to refrain from any actions or statements that could significantly damage the reputation and development opportunities of ZERO21 (and companies affiliated with ZERO21), their PARTNERS and other MEMBERS;
c) within the scope of the consumption of SERVICES in no way (i) to impair other MEMBERS in their consumption of SERVICES, (ii) to cause immissions or disturbances or (iii) to set activities that increase the premiums of ZERO21 or its PARTNERS increase insurance coverage;
d) to stay away from events if it endangers the health and safety of other MEMBERS, their employees or guests due to infections or contagious diseases; and
11.2 Furthermore, the MEMBER must ensure that his employees, guests and other third parties who are attributable to him comply with the obligations under this point 11.1.
12. RIGHTS OF WITHDRAWAL (KSCHG/FAGG)
12.1 A MEMBER who is a consumer within the meaning of § 1 Para. 1 Z 2 KSchG has the right, without prejudice to other consumer law provisions, to revoke the MEMBERSHIP AGREEMENT within fourteen days without giving reasons (§ 11 FAGG) if this is done outside the business premises the ZERO21 has been completed.
12.2 The cancellation period is fourteen days from the day the contract was concluded.
12.3 In order to exercise the right of withdrawal, the MEMBER OF ZERO21 (Guiding Innovators GmbH, Ungargasse 37, 1030 Vienna, Austria; email@example.com) must make a clear statement (e.g. by a letter sent by post or by e-mail) about its decision to revoke the MEMBERSHIP AGREEMENT. The MEMBER can use the model withdrawal form attached at the end of these GTC, but this is not mandatory.
12.4 To meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be sent before the cancellation period has expired.
12.5 In the event of a withdrawal in accordance with this point 12, ZERO21 will reimburse the fee already paid by the MEMBER less a proportionate amount in the amount of the days that have already elapsed between the conclusion of the MEMBERSHIP AGREEMENT and the receipt of the declaration of withdrawal.
13. TERMINATION RIGHTS
13.1 Unless otherwise agreed in the MEMBERSHIP AGREEMENT, the MEMBER has the right to terminate the MEMBERSHIP AGREEMENT at the end of the term agreed in the MEMBERSHIP AGREEMENT, subject to three months’ notice in writing (e-mail is sufficient).
13.2 Unless otherwise agreed in the MEMBERSHIP AGREEMENT, ZERO21 has the right to terminate the MEMBERSHIP AGREEMENT in writing at any time with six months’ notice.
13.3 ZERO21 has the right to terminate the MEMBERSHIP AGREEMENT in writing for good cause with immediate effect, whereby the following reasons for termination are to be understood as important reasons:
a) in the event of bankruptcy proceedings, if the MEMBER is no longer able to fully pay its debts as they fall due or to fully meet its contractual obligations;
b) if the MEMBER is more than eight days in arrears with the payment of a fee to be paid on the basis of the MEMBERSHIP AGREEMENT, despite a reminder after the due date;
c) if the information provided by the MEMBER pursuant to clause 6.1 is untrue, inaccurate, not current or incomplete; and
d) if the MEMBER breaches any provision of the Special Restrictions on Use pursuant to Section 11. or breaches its obligation pursuant to Section 6.2 of these GTC; and
e) if ZERO21 terminates the zero21 Club membership.
14. DATA PROTECTION
14.1 The PARTIES are obliged to comply with the applicable data protection regulations, in particular the European General Data Protection Regulation and the Austrian Data Protection Act. The MEMBER must report changes to personal data immediately (see points 6.1 and 6.7).
14.2 ZERO21 collects and processes personal data such as names, addresses, e-mail addresses, company register numbers, dates of birth and payment data within the framework of the MEMBERSHIP AGREEMENTS exclusively in connection with the processing of the MEMBERSHIP AGREEMENTS and the associated legal obligations (e.g. tax retention periods). Personal data can be passed on to PARTNERS and affiliated companies in connection with the processing of the MEMBERSHIP AGREEMENTS and the associated legal obligations. Further information on data processing is contained in the ZERO21 data protection guidelines at www.zero21.club.
15. CONFIDENTIALITY & ADVERTISING
15.1 The PARTIES are obliged to treat the content of the MEMBERSHIP AGREEMENTS and the information contained therein as strictly confidential. This does not apply to content and information that was already public knowledge at the time the contract was concluded, that was obtained without violating this confidentiality obligation, or whose disclosure is required by law. The confidentiality obligation according to this point 15 applies beyond the termination of the MEMBERSHIP AGREEMENT.
15.2 The MEMBER is obliged to keep secret any confidential information or business secrets (also of other MEMBERS) entrusted to him or that have become known to him within the scope of his MEMBERSHIP.
15.3 The MEMBER has to transfer the obligations according to this point 15 to his employees and guests and to prove this transfer to ZERO21 – at their request.
The MEMBER declares his consent that ZERO21 may publicly announce the existence of the MEMBERSHIP AGREEMENTS concluded between the MEMBER and ZERO21 for the duration of the contract (e.g. for advertising purposes) and using the name, company, logo and/or other identification of the MEMBER .
17. SUCCESSION / PROHIBITION OF ASSIGNMENT
17.1 Unless otherwise agreed, the MEMBERSHIP AGREEMENT only entitles the MEMBER named therein. The transfer or assignment of rights and obligations from these GTC or the corresponding MEMBERSHIP AGREEMENT by a PARTY is only permitted if the other PARTY has given its express written consent in advance.
17.2 Irrespective of point 17.1, ZERO21 is entitled to transfer all rights and obligations arising from these GTC or the corresponding MEMBERSHIP AGREEMENT to companies affiliated with it without the prior consent of the MEMBER.
18. MODIFICATION OF TERMS AND CONDITIONS
ZERO21 is entitled to amend the present General Terms and Conditions. Changes to these GTC must be made in writing to be valid (e-mail is sufficient). ZERO21 will inform the MEMBER of such a change separately. The changes will become effective unless the MEMBER objects in writing within two months of such notice. In this notice, ZERO21 will also draw the MEMBER’s attention to the effect of his silence. In the event of a timely objection by the MEMBER, the old version of the GTC shall continue to apply between ZERO21 and the MEMBER until the end of the corresponding MEMBERSHIP AGREEMENTS (or any other contractual relationship). If ZERO21 and the objecting MEMBER then conclude a new MEMBERSHIP AGREEMENT (or enter into another contractual relationship), the GTC in the currently valid version shall apply.
19. ALTERNATIVE DISPUTE RESOLUTION
19.1 Information according to § 19 paragraph 3 AStG: If no agreement can be reached in a dispute with a consumer, ZERO21 must refer to the responsible body for alternative dispute resolution and state whether ZERO21 will participate in a procedure.
Information about the intended body for alternative dispute resolution:
www.ombudsmann.at, Internet Ombudsman
ZERO21 will not participate in a procedure.
19.2 The OS platform of the European Commission can also be used to settle disputes with ZERO21: http://ec.europa.eu/consumers/odr
19.3 ZERO21’s email address for complaints is: firstname.lastname@example.org
20. JURISDICTION, CHOICE OF LAW
20.1 The legal relationship between ZERO21 and the MEMBER is exclusively subject to Austrian law, excluding international private law reference standards and the UN Sales Convention.
20.2 The place of jurisdiction for any disputes arising from or in connection with these GTC or the corresponding MEMBERSHIP AGREEMENT is agreed to be exclusively the competent court in Vienna. For contracts with consumers, the consumer has the choice between his place of residence and the place of jurisdiction at the registered office of ZERO21.
21.1 Should any provision of these GTC or the respective MEMBERSHIP AGREEMENT be legally invalid, unenforceable or void for whatever reason, this shall not affect the validity and effectiveness of the remaining provisions of the GTC or the MEMBERSHIP AGREEMENT. Such a provision shall be deemed to be replaced by one that most closely corresponds to the purpose and economic content of the invalid, unenforceable or void provision.
22. FINAL PROVISIONS
22.1 ZERO21 has no connection to the activities of its members. Nothing in these TOS or the applicable MEMBERSHIP AGREEMENT is intended or intended to create any partnership or joint venture of any kind between the PARTIES or to authorize either PARTY to act as an agent for the other PARTY. Neither PARTY has any authority to act on behalf of the other PARTY or in any other way legally bind the other PARTY.
22.2 All notices or declarations by a PARTY in connection with these GTC or the relevant MEMBERSHIP AGREEMENT must be made in writing (e-mail is sufficient) to the e-mail specified in the MEMBERSHIP AGREEMENT or last notified in accordance with this provision, unless statutory provisions stipulate a stricter form. mail address or address of the other PARTY. A notice will be deemed to have been effectively received: (i) at the time of delivery if the notice was delivered personally, (ii) 5 days after posting if the notice was sent by post, (iii) upon receipt of the read receipt if the notification was sent by email. Changes of address of one PARTY are to be communicated to the other PARTY immediately. The MEMBER shall announce any changes via the ZERO21 online portal.
22.3 The headings chosen in these GTC are for the sake of clarity only. They are therefore not to be used for the interpretation of the General Terms and Conditions.
Click here for the cancellation form