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AGB

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GENERAL TERMS AND CONDITIONS OF BUSINESS OF RSGW GmbH with registered office at Buchenweg 3, 4540 Bad Hall, in Austria.

 

Version 15.08.2022

 

 

 

 

1. SCOPE OF APPLICATION

 

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") shall apply between RSGW GmbH - with its registered office in 4540 Bad Hall, Austria (hereinafter referred to as "RSGW GmbH"), and the customers of RSGW GmbH - among others subscribers of the Discord channel "Consyder by RSGW", participants of events or consultations - (hereinafter referred to as "Customers"). They regulate the rights and obligations of RSGW GmbH and its customers in connection with all services provided.

 

1.2 Any terms and conditions of the Customer that conflict with these GTC shall require the express written confirmation of RSGW GmbH in order to be valid.

 

1.3 RSGW GmbH may amend or supplement these GTC at any time.

The latest version shall be published on the Internet at www.consyder.at.

 

1.4 In case of invalidity or incompleteness of a clause of these GTC, all other provisions or the contract as a whole shall remain effective. In place of the invalid or incomplete clause, the statutory provisions or what was intended by the contracting parties in agreement shall apply.

 

 

2. CONTENT OF THE CONTRACT

 

2.1 In the Discord channel "Consyder by RSGW" information about the topics, financial market, economy and politics will be published continuously, in indefinite periods.

 

2.2 In addition, RSGW GmbH may offer its customers conference calls, webinars and consultations on a voluntary basis. By participating in a conference call or webinar / event of RSGW GmbH, the customers accept the full applicability of these GTC (in particular also the following section 2.3 et seq.) also with regard to the information and content provided by RSGW GmbH on the occasion of these events.

 

2.3 The Discord channel "Discord by RSGW" of RSGW GmbH is an independent information service. RSGW GmbH provides its customers with the information sent in the channel. The information is partly also published on third party sites like, Tradingview, Gurufocus and Seekingalpha. There is no claim to specific content or a specific scope of the transmitted information or virtual content.

2.4 All information provided by RSGW GmbH is based on sources that RSGW GmbH and its authors consider trustworthy and reputable. All recommendations (in the Discord channel and/or at events and/or during consultations) only reflect the personal opinion and thoughts of the authors or RSGW GmbH and do not constitute legal advice to the customers. All information provided to the customer, such as reports, analyses, strategies, trends, portfolios, forecasts and valuations are not solicitations to buy or sell securities, but serve purely informational purposes. They also do not represent any assurance with regard to the further price development of securities. The authors or RSGW GmbH base their recommendations on sources (if available) that they consider reliable at the time of preparing the published content. However, RSGW GmbH is not liable for the timeliness, accuracy, adequacy and completeness of the information it provides. In particular, the Discord Channel is a general information product and not tailored to the individual needs of the individual customer. This also applies to any supplementary correspondence between RSGW GmbH and the customer in connection with the subscription to the Discord Channel or the use of the information provided by RSGW GmbH on its websites and third-party programs, as well as to events held. In particular, the information provided by RSGW GmbH does not replace the customer's own research, as well as the customer's own responsible decision. Any decision to transact or not to transact a transaction is made solely by the customer on his own responsibility. RSGW GmbH recommends its customers to consult their own tax or legal advisor if necessary.

 

2.5 The information provided by RSGW GmbH is solely for the personal information of the customer. The content of the Discord channel or any conference call or webinar / event is not intended for publication or disclosure to third parties (see section 6.2 below).

 

 

3. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT

 

3.1 Access to the Discord Channel may be purchased on an annual subscription basis or on a monthly basis. The contract with RSGW GmbH shall be concluded as soon as the price valid at the time of the order transaction has been paid and the corresponding payment has been received by RSGW GmbH and/or the payment provider commissioned by RSGW GmbH.

 

3.2 RSGW GmbH may reject the contract with a customer without giving reasons. There shall be no claim to the conclusion of the contract.


3.3 The contractual relationship between RSGW GmbH and the Discord Channel customer shall be extended by one year (annual subscription) or one month (monthly subscription), respectively, unless the customer terminates the contractual relationship no later than one month (annual subscription) or one week (monthly subscription) before the end of the contract. Cancellation by e-mail is permissible, whereby the party giving notice is responsible for proving that the e-mail was received by the recipient of the notice.

 

3.4 In addition, the contracting parties shall have the right to terminate the contractual relationship extraordinarily for good cause. For RSGW GmbH, good cause shall be deemed to exist in particular if:


           a. The customer is in default with the payment of the fee,
           b. the customer violates one of his obligations, and/or
          c. the continuation of the contractual relationship becomes unreasonable for RSGW GmbH for another reason for which the customer is responsible.
             In the event of an extraordinary termination by RSGW GmbH, the subscription fee shall not be refunded to the customer - not even on a pro rata basis. RSGW GmbH also reserves the right to claim any damages from the customer.

 

3.5 Upon termination of the contractual relationship, the customer shall lose all rights of use and must return all passwords, data carriers, backup copies, documentation as well as any other data belonging to RSGW GmbH to RSGW GmbH upon first request. Any further use of the information provided by RSGW GmbH or copies of the same is prohibited and must therefore be discontinued immediately.

 

3.6 Termination by e-mail is permissible, whereby the burden of proof of receipt of the e-mail by the recipient of the termination shall be on the terminating party.

 

3.7 Any conference calls, events or webinars held by RSGW GmbH shall require a separate registration by the customer.

 

 

4. PRICES, SHIPPING COSTS AND TERMS OF PAYMENT

 

4.1 The prices published on the website of RSGW GmbH at the time of the order process shall apply. The published prices include the legal value added tax for customers from Austria.

 

4.2 RSGW GmbH reserves the right to change prices. However, already existing subscriptions shall not be affected by these changes for their remaining contract term. In this case, price changes shall only become effective upon renewal of the subscription.

 

4.3 RSGW GmbH delivers exclusively against prepayment (e.g. by credit card, prior bank transfer) of the subscription price / ticket price / price of goods valid in the order process.


4.4 Discounts - so-called voucher codes - are valid for the 1st billing cycle. Example: A monthly subscription is concluded, the discount is taken into account in the first month (1st billing cycle). From the following month or early renewal (2nd billing cycle), the full price is due. For annual subscriptions, the 2nd billing cycle starts after one year or in case of early renewal.

 

 

5. SERVICE DISRUPTIONS AND LIABILITY

 

5.1 If the offer of RSGW GmbH cannot be provided to the customer or can only be provided to a limited extent for reasons of force majeure or other circumstances for which RSGW GmbH is not responsible or due to technical disruption of the internet-based communication, RSGW GmbH shall not be liable for the failure of the information as well as any damages resulting therefrom. Technical or server-specific problems are not within the sphere of influence of RSGW GmbH. However, RSGW GmbH will try in the interest of its customers to encourage the operating company of the respective web server to find a quick solution.

 

5.2 All information and/or virtual contents provided by RSGW GmbH are without guarantee. In particular, no liability can be assumed for the accuracy, completeness and timeliness of the information and/or virtual content.

 

5.3 The liability of RSGW GmbH towards the customer is limited to gross negligence and intentional behavior. RSGW GmbH shall not be liable for any damages incurred by the customer as a result of (investment) decisions made on his own responsibility. The service of RSGW GmbH does not consist in advising the customer, but is limited exclusively to the provision of information according to the scope described in section 2 of these GTC.

 

5.4 Links, hyperlinks or web addresses leading from the contents of RSGW GmbH to one or more other websites independent of RSGW GmbH serve exclusively for the information of the customer. In particular, RSGW GmbH does not give any assurances in connection with websites independent of RSGW GmbH and disclaims any liability in connection with such websites. Links or references to such websites do not imply that RSGW GmbH approves the content or the use of such websites.

 

5.5 The customer acknowledges that the speakers (speakers for events / seminars / workshops etc.) announced in the sales documents or otherwise are not an enforceable claim of the customer. RSGW GmbH strives to ensure that all announced speakers actually appear at the event. If, however, in exceptional cases, an announced speaker cannot make his appearance, RSGW GmbH will provide an appropriate substitute (as far as time permits). The replacement or cancellation of a speaker does not entitle the customer to any reduction, cancellation, withdrawal or compensation.

 


5.5 The customer acknowledges that the speakers announced in the sales documents or otherwise (speakers for events / seminars / workshops etc.) are not an enforceable claim of the customer. RSGW GmbH strives to ensure that all announced speakers actually appear at the event. If, however, in exceptional cases, an announced speaker cannot make his appearance, RSGW GmbH will provide an appropriate substitute (as far as time permits). The replacement or cancellation of a speaker does not entitle the customer to any reduction, cancellation, withdrawal or compensation.

 

5.6 If, after prior notice, content that is to be published at a certain time is not published on time or not published at all, the customer shall have no liability claim.

 

 

6. RIGHT OF USE OF THE CUSTOMER / COPYRIGHT

 

6.1 The customer receives a private right of use for the information provided by RSGW GmbH. This right of use is against payment and limited to the subscription period. The information provided by RSGW GmbH may be used by the customer exclusively for private purposes. It is not permitted to make video recordings / pictures at events.

 

6.2 All contents of the Consyder Channel as well as the information provided on the website or on the occasion of an event (especially conference calls and webinars) are the sole intellectual property of RSGW GmbH or the authors working for RSGW GmbH and are protected by copyright. The information provided by RSGW GmbH may not be duplicated, edited or transferred, either in whole or in part, without authorization. The customer is also not authorized to grant third parties exploitation rights to the virtual contents or their parts. The prior written consent of RSGW GmbH remains reserved. In any case, copyright notices of RSGW GmbH may not be changed or removed.

 

6.3 At events of RSGW GmbH, video recordings and pictures shall be made and used for marketing purposes. Customers will be informed about recordings by signage / notices.

 

6.4 Recordings of lectures or entire events can be made available by RSGW GmbH against payment or free of charge. In principle, the customer has no right to view the recordings.

 

 

7. DATA AND PRIVACY PROTECTION

 

7.1 The customer is obliged to provide all information necessary for a subscription / ticket purchase truthfully and completely. Changes must be communicated to RSGW GmbH immediately in text form (letter or e-mail).

7.2 The customer is obligated to keep all passwords and data received strictly secret and to protect them from misuse, loss and access by unauthorized third parties. The customer is responsible for a sufficiently secure password. If the customer violates these obligations, he is exclusively liable for it. RSGW GmbH shall be exempt from any liability in this respect.

 

7.3 Unless otherwise agreed, the customer is obliged to back up the received data himself. In case of data loss, RSGW GmbH may make the lost data available to the customer again, but shall not be obliged to do so.

 

7.4 With regard to data protection, the statutory provisions, in particular the Austrian Data Protection Act and the DSGVO, shall apply. In all other respects, the privacy policy of RSGW GmbH shall apply.

 

 

8. PLACE OF JURISDICTION AND APPLICABLE LAW

 

8.1 Exclusive place of jurisdiction - as far as legally permissible - is the respective statutory seat of RSGW GmbH.

 

8.2 Austrian law shall apply exclusively.

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