Monday | 12 Oct 2020

TERMS & CONDITIONS UPDATE

The new Terms & Conditions will be effective from 26 October 2020.

We are updating our Terms and Conditions for WRC+ (the “T&C”) and wanted to share the details with you.


Our new T&C (the “New T&C”) will go into effect on October 26, 2020. You can find the full document down below.

You may object to the New T&C within a period of 14 days. If you do object you can no longer make use of the WRC+ and we ask you to delete it from all your devices. Other than that, the New T&C will become effective after the expiration of the 14 days period, on the date informed above.

Here we will summarise the changes we have made, but we really recommend that you fully review the New T&C to ensure that you understand everything that is different.

  1. Clause 1.4: update on the contact form to WRC+;
  2. Clause 2.4: updates the link to find the requirements of operating systems, browsers and hardware;
  3. Clause 3.1: update on the WRC+ Subscriptions to reflect the addition of the WRC+ Season Pass;
  4. Clause 3.2: update on the WRC+ recurring payment and billing mechanisms to reflect the addition of the WRC+ Season Pass;
  5. Clause 3.2.4: updates the link to find the payment method currently accepted for your WRC+ Subscription;
  6. Clause 4: updates the termination conditions;
  7. Clause 6.1: contains corrections on Third Party Software;
  8. Clause 7.3.1: clarifies the exploitation of intellectual property rights.

 
If you have any questions about these changes, you can reach us at the following e-mail: support@service-plus.wrc.com
 
Sincerely,
 
The WRC+ Team

 

 

 

TERMS AND CONDITIONS FOR WRC+

 

 

1. General Information

 

1. Welcome to WRC+

 

WRC+ is a subscription service provided by WRC Promoter GmbH with registered offices at Liebherrstrasse 22 in 80538 Munich, Germany (hereinafter referred to as “WRC”, “we” or “our”) or - in case the legal notice indicates another legal entity - that legal entity shall be the provider and your contractual partner for the use of WRC+ (such entity be hereinafter also referred to as “WRC”, “we” or “our”). The following Terms and Conditions (hereinafter “T&C”) set out the rules which apply to you (“user”, “you” or “your”) as a user of WRC+. As used herein, “WRC+ service”, “our service”, “the service” or “WRC+” means the service provided by WRC for discovering and watching our product, including all features and functionalities, applications, website, and user interfaces, as well as all content and software associated with our service.

 

2. Changes to the T&C, Latest Version

 

WRC reserves the right to review and revise the T&C from time to time, in particular to satisfy the requirements of providers of platforms for the distribution of applications. We will inform you about any such change and will provide you with an updated version of the T&C (“New T&C”). You may object to the New T&C within a period of 14 days. If you do object you can no longer make use of the WRC+ and we ask you to delete it from all your devices. Other than that, the New T&C will become effective after expiration of the 14 days period.

 

3. Language

 

The original version of the T&C is in English language. Any translated version is for your convenience and information purposes only. In case of disputes the English version shall prevail.

 

4. Contact

 

Please contact us via email under support@service-plus.wrc.com if you have a question, complaint or comment about the WRC+ services, its application or content or if you are aware that these T&C are being breached by another user or a third party.

 

2. WRC+ Service

 

1. The WRC+ service is currently offered in English language only.

 

2. You must be 16 years of age to subscribe to the WRC+ service. Individuals under the age of 18 may utilize the service only with the involvement of a parent or legal guardian, under such person's account and subject to these T&C.

 

3. WRC+ and its services are available via internet and via the official WRC app for smartphones and tablets (iOS and Android) and the official WRC Smart TV app (in particular Samsung, LG, Panasonic, Android TV, Apple TV and Amazon Fire TV; and more.)

 

4. You may use WRC+ services for strictly private purposes only. No commercial use is permitted, and you are in particular not allowed to make the services publicly available (please see also in paragraph 7.3 below), e.g. on the internet, in forum(s) or group(s), on social media platform(s), in bar(s), in restaurant(s), in club house(s), etc. In case of a violation we are entitled to terminate the contract with you and claim reasonable damages from you.

 

5. You may view our service only in geographic locations where we offer our service and have it licensed. The content that may be available to watch will vary by geographic location. WRC+ will use technologies to verify your geographic location.

 

6. The number of devices on which you may simultaneously use WRC+ is limited to two. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

 

7. We continually update our service. In addition, we test various aspects of our service, including our website, user interfaces, promotional features, availability of features, delivery and pricing on a regular basis. We reserve the right to include you or exclude you from these tests without notice.

 

8. You must use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein.

 

9. The availability of our service will change from time to time. The quality of the display of the streaming features may vary depending on your device, display, operating systems and settings and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. For more requirements in relation to the required operating systems, browsers and hardware find information under https://www.wrc.com/en/footer/wrcplus/faqs/. Not all content is available in HD. HD availability is further subject to your internet and/or mobile service and device capabilities. You are responsible for all charges relating to your internet access and mobile data use. Please check with your access provider for information on data usage charges.

 

10. WRC makes no representations or warranties about the quality of your watching experience on your device or display.

 

3. Subscription and Payment

 

1. WRC+ Subscription

 

1. By submitting your completed registration form and clicking the ’Start Paid Membership’ button you are sending us your binding offer to conclude a subscription contract for the WRC+ services. You must have internet access, a valid e-mail and provide us with a valid and accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the WRC+ service. Once you have submitted your offer, we will immediately send you an e-mail confirmation of your offer. A binding contract is formed when you receive the confirmation from us or by our grant of access to the WRC+ service for you (“WRC+ Subscription” or “contract”).

 

2. The WRC+ Subscription will continue and extend automatically, according to your current billing plan, unless and until your WRC+ Subscription is terminated either by you via withdrawal or termination or if we terminate it. We will bill the chosen subscription plan’s fee to your Payment Method. In order to avoid the billing of the next chosen plan's subscription fee to your Payment Method you must cancel your WRC+ Subscription before it renews automatically upon the anniversary of your chosen subscription period.

 

2. Payment

 

1. Recurring Payments

 

The current subscription fees and charges for your WRC+ Subscription are displayed in the ordering process as a total price (total price of the subscription plans’ services including taxes). By starting your WRC+ Subscription you authorize WRC to charge to your Payment Method upon start of your WRC+ Subscription the chosen subscription fee and any other charges for payable services you may use in connection with your WRC+ Subscription and WRC service. The subscription fee for the chosen WRC+ Subscription will be charged unless and until you cancel your WRC+ Subscription. WRC will automatically charge your subscription fee to your Payment Method upon each anniversary of your chosen subscription plan or, if such date does not occur in such month or year, on the last day before such date in the applicable month or year. Your renewal date may change due to changes in your WRC+ Subscription. You acknowledge that the amount charged on each chosen billing period may vary from one billing period to the next for reasons that may include differing amounts due to promotional offers and/or changing or adding subscription plans, and you authorize us to charge such varying amounts to your Payment Method, which may be charged periodically (e.g. monthly or yearly), according to your chosen subscription plan, in one or more transactions.

 

2. Price Changes

 

In the event the pricing for our services will change and in particular increase, we will notify you thereof in advance per email or in the WRC app. Price changes will only take effect following such notice to you and your consent. You may object to the price changes within a period of 14 days. If you do object we are allowed to terminate the service and you can no longer use the WRC+ service, however, you will continue to have access to the service until the end of your current billing period.

 

3. No Refunds

 

WRC+ Subscription fees are fully earned upon payment. Payments are non-refundable and there are no refunds or credits for partially used periods except if a refund is mandatory with regard to an effective withdrawal right required by law (see clause 5). Following any cancellation, you will continue to have access to the service until the end of your current billing period.

 

4. Payment Methods.

 

You can find the Payment Method currently accepted (e.g. credit cards such as Visa/MasterCard/American Express) at https://www.wrc.com/en/footer/wrcplus/faqs/payment/. We reserve the right to adapt the Payment Method from time to time in WRC’s sole discretion. You may edit or update your Payment Method information by visiting our website and clicking on your profile section. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account as set forth herein, you remain responsible for any uncollected amounts and costs in connection therewith and you authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

 

4. Termination

 

1. You may terminate your WRC+ Subscription at any time, and you will continue to have access to the WRC+ service until the end of your current billing period. To terminate your WRC+ Subscription, go to ‘My Profile’ and follow the instructions for termination.

 

2. WRC may terminate this agreement subject to one (1) week’s notice, or for good cause at any time. A good cause is, in particular, filing of an insolvency petition or refusal to commence insolvency proceedings for lack of estate. A good cause for termination is, furthermore, if you default on payment of the continuing fees in a repeated billing period; or the WRC+ service is ceased in its entirety.

 

3. WRC may, in its sole discretion, without prior notice, block, suspend or terminate your access to the service in its entirety or in parts depending on the individual case, if WRC determines or has reasonable grounds to suspect that you have breached these T&C or your use of WRC+ may cause damage. In addition, a breach of the T&C may constitute a fraudulent offence and result in legal claims and damages as well as criminal prosecution.

 

5. Right of withdrawal and exceptions from the withdrawal right

 

1. Right of withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the formation of the contract. To exercise the right of withdrawal, you must inform us (WRC Promoter GmbH, Liebherrstrasse 22, 80538 Muenchen (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: support@service-plus.wrc.com) of your decision to withdraw from this contract by a definite and clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

2. Effects of withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

3. Model withdrawal form

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To WRC Promoter GmbH, Liebherrstrasse 22, 80538 Muenchen (phone +49-89-212-6699-0, fax +49-89-212-6699-28, e-mail: support@service-plus.wrc.com:

 

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

 

Ordered on (*)/received on (*),

 

Name of user(s),

 

Address of user(s),

 

Signature of user(s) (only if this form is notified on paper), Date

 

(*) Delete as appropriate

 

Exemption from withdrawal right

 

You will lose your right of withdrawal before the end of the withdrawal period if we begin with the performance of our services and you have given your express consent to the beginning of the performance before the end of the withdrawal period and your acknowledgment that you lose your right of withdrawal by giving this consent with the beginning of the performance. We will inform you about this exemption from your withdrawal right and ask for your express consent and acknowledgment within the ordering process. Beginning of our performance means the granting of access to our service.

 

6. Third Party Software

 

1. Third Party Software

 

WRC+ may utilize or include third party software that is subject to free and open source and/or third party license terms (“Third Party Software”). Your right to use such Third Party Software as part of WRC+ is subject to and governed by the terms and conditions of a free and open source software (“FOSS”) initiative or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein.

 

2. Other Third Party Content, Services.

 

WRC+ may utilize or include digital content or services of third party providers (“Third Party Content” or “Third Party Services”). Your right to use such Third Party Content or Third Party Service via WRC+ or as part of WRC+ may be subject and governed by additional terms and conditions of the third party providing those services. If you do not agree with such additional terms and conditions you may not use the respective Third Party Content or Third Party Service.

 

7. User Content, Obligations and use Restrictions

 

1. User Content

 

In case WRC+ provides for functionalities that enable the user to upload and/or post, transmit or otherwise make available any content (“User Generated Content” also “UGC”) the user agrees that such UGC is made available to others via or in connection with the WRC+ service.

 

2. Obligations

 

1. Caution. You must be aware that any action, activity and/or information displayed or provided on or via WRC+ is conducted by trained and experienced professionals and it is your responsibility to take precautions and use common sense when using WRC+.

 

2. Registration. During your registration to use WRC+ you must enter correct and complete data and keep such information up to date at all times.

 

3. WRC Reputation. The user must not cast a negative light on WRC, WRC’s affiliates, or their activities, businesses or brands. You shall in particular refrain from using or posting, uploading, transmitting through, or otherwise making available through the WRC+, any content in connection with: (a) illegal products, content, services or materials; (b) any products, content, services or materials concerning or relating to obscenity, pornography or similarly adult-themed material; (c) coverage of accidents, assaults, catastrophes or riots.

 

3. Use Restrictions. You may not use WRC+ for the purposes described in sections 7.3.1 to 7.3.5 below.

 

1. Exploitation. All content on WRC+, including content and services provided by you or any third parties, i.e., in particular all texts, logos, brands, graphics, artwork, sounds, music and software (including the access software) is protected by copyright, personal rights, registered designs, patents, trademarks, service marks, design rights, database rights, trade secrets, rights of confidence and other similar rights (“IPR”). All intellectual property rights existing on WRC+ and to its content are either our property or have been licensed to us. All rights are reserved by us or, if provided by a third party, they are reserved by the third party (and even if such content or service is not expressly marked as being legally protected or registered, this does not mean that we or third parties waive any applicable intellectual property rights, neither wholly nor partially with respect to such content or service). You may not reproduce, copy, post, republish, broadcast, publicly display, record, offer, transmit, distribute or edit WRC+ or any of its services or content in its entirety or any parts thereof. The same shall apply to ideas and concepts of WRC+, any service it is based on, even if not protected by intellectual property rights or any other applicable law.

 

2. Content Protection. You must not and must not attempt to breach, surpass or circumvent any applied content protection, digital right management or any other software protecting or assisting WRC+, its application, website, content or any of the service.

 

3. Harmful Impact. You must not and must not attempt to hamper, disable, interfere or attempt to interfere with WRC+, its application, codes, scripts or any part of it (including its security-related features or any transaction as may be concluded on this service), either via any virus, trojan horses, or other harmful code or script or any other action or tool, which may cause damage to WRC+, its applications, websites, apps, content or any of its service or any technical installation.

 

4. User for Commercial Purposes. You must not use WRC+ or any part thereof for commercial purposes, including without limitation the sale of access to WRC+.

 

5. Unlawful Activities. You must not use WRC+ for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of us and/or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code or script.

 

8. Warranty for Defects, Liability

 

1. Disclaimer, Warranty for Defects for Free Apps

 

1. Quality. WRC makes no express or implied representations or warranties of any kind (and all representations and warranties are expressly rejected to the fullest extent permitted under applicable law) with respect to the accuracy, quality, workmanship, timeliness (including in respect of delivery), functionality, marketability, availability, or completeness of WRC+, services or content provided therein or towards the non-infringement of industrial or intellectual property or any other rights of third parties or the suitability of the content for a particular purpose. Any decision or action taken by you on the basis or in relation to the information provided on or via WRC+ are at your sole discretion and risk.

 

2. Availability. You acknowledge and agree that you access and use WRC+ at your own risk on an ‘as is’ and ‘as available’ basis and that we are not liable for any errors or omissions, interruptions or defects in WRC+ any availability or delivery (including without limitation whether caused by interruption, deletion, delay in operation, transmission, communication line, errors, omissions or computer virus, trojan horses, or other harmful code or script), unless caused by our negligence and subject always to clause 8.2. We do not warrant that the WRC service will be corrected. We reserve the right at any time and without notice to interrupt the operation of WRC+ (or parts thereof) as may be necessary to perform routine or non-routine maintenance, error correction or mandatory necessary changes.

 

2. Liability

 

You agree that we, our and our affiliates’ employees, directors, distributors, licensors and agents shall not be liable, whether in contract, tort (including without limitation negligence) or otherwise and whether such liability is direct, indirect, consequential or special, for any: (i) loss or use of data; (ii) failure to provide our service due to server failure or any event of force majeure including, without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of networks and in each case whether arising in connection with the use of or attempt to use WRC+, the inability to use these items, delays, unavailability, interruption or termination of our provision of WRC+. The foregoing limitations shall not apply in case of wilful misconduct or gross negligence. Nothing in these T&C shall limit or exclude our liability for guaranteed product specifications, for death or personal injury or under the German Product Liability Act.

 

3. Warranty for and Liability regarding paid Apps or In-App Purchase Function

 

With regard to paid apps or parts of an app (including content or services) that are subject to an in-app purchase, any limitation of warranty or liability shall only be applicable as far as mandatory applicable laws allow such.

 

9. Indemnity

 

You agree to fully indemnify and hold us, our affiliates, officers, directors, shareholders, employees and agents harmless in respect of any liability, damage, claim, action, expense, demand or cost (including any legal fees in relation to such claim or damage) incurred by us arising from or in connection with your use of WRC provided that by the respective use the user breaches these T&C or violates any applicable law.

 

10. Online Dispute Resolution according to EU Regulation:

 

The European Commission provides an online dispute resolution platform for consumer disputes, available at https://ec.europa.eu/consumers/odr/.

 

11. Information according to § 36 German Consumer Dispute Resolution Act:

 

Please note that we are not prepared and obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

12. Final Provisions

 

1. Severance

 

Each provision of these T&C shall be constructed separately and independently. The effectiveness of these T&C shall not be impaired if any provision of these T&C should be completely or partially invalid or unenforceable. In this case, such provision shall be limited or eliminated to the minimum extent necessary and replaced by a valid provision that best embodies the intent of these T&C, so that these T&C remain in full force and effect.

 

2. Transfer and Assignments of Granted Rights

 

The user may not transfer or assign any rights and licenses granted under these T&C.

 

3. Governing Law and Jurisdiction.

 

These T&C shall be governed by and construed in accordance with German laws and all disputes arising out of or in connection with these T&C shall be subject to the jurisdiction and courts thereof as far as permitted under applicable data protection, consumer or other mandatory right or law. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 shall be excluded.

 

13. Additional Conditions of or Regarding Platform Provider

 

Depending on the platform of a respective service provider from which WRC+ was downloaded, additional terms and conditions may apply for your use of WRC+. It is the user’s sole responsibility to determine these supplementary or (as the case may be) prevailing terms and conditions and the user undertakes to comply with them accordingly. Irrespective thereof, depending on the platform you downloaded WRC+ from, the following shall apply individually.

 

Apple

 

1. The T&C are a contract between you and WRC. Apple is not a contractual partner. Apple assumes no responsibility for WRC+.

 

2. WRC grants you the right to use the WRC+ app on iOS-products that you own or are operated by you in each case in compliance with the terms of use of the app store.

 

3. Apple is in no respect obliged to provide any maintenance and/or support services with regards to the app of WRC+.

 

4. Apple assumes no responsibility for the review, defense, settlement and fulfilment of claims resulting from an infringement of third party intellectual property.

 

5. Apple is not obliged to react to claims by you or a third party in connection with the app of WRC + or its ownership and/or the use of the app of WRC+. This applies, amongst others, for the following claims (a) product liability claims; (b) claims regarding any statement that the app of WRC+ infringes applicable statutory or regulatory requirements and (c) claims regarding consumer and similar laws.

 

6. In case the app of WRC+ and these T&C should not provide for applicable mandatory rights, you are entitled to inform Apple in order for Apple to reimburse the purchase price (if applicable). To the extent permitted by applicable law, Apple assumes no further warranty obligation with regard to the app of WRC+.

 

7. Apple and its affiliated entities are beneficiary of the T&C and are therefore entitled to (and this right shall be deemed to have been accepted) assert them against you.

 

(Last update: October 2020)