Terms and Conditions

Winner.Energy
Effective date: January 2025

The following Terms and Conditions govern the use of the Winner.Energy service, operated by:

ABeffekt GmbH
Berliner Straße 77
D-33647 Bielefeld, Germany
(hereinafter “Winner.Energy”)

1. Contract Partner, Conclusion of Contract

The purchase contract is concluded with ABeffekt GmbH. A contract is concluded when you click the order button (“Check”). Immediately after submitting your order, you will receive a confirmation by email.

A binding contract may also be concluded earlier as follows:

  • For payment by credit card: upon charging the credit card.
  • For payment by PayPal: upon confirmation of the payment instruction to PayPal.
  • For payment by Sofort transfer: upon confirmation of the payment instruction to Sofort GmbH.
  • For payment by Giropay: upon confirmation of the payment instruction to Giropay.

2. Registration

Using the Winner.Energy service requires free registration. You will need to provide an email address, your date of birth, and your first and last name. Alternatively, this data may be imported via “One-Click Registration” through Facebook, if such functionality is offered.

By registering, a free membership agreement is created. You will receive a confirmation email with the contract data and the Terms and Conditions valid at the time of registration. These can be saved or printed. The contract data will be stored by us.

Before concluding a paid contract, you will be informed about the contents, prices, and payment terms.

3. Use

To use the service in full, up-to-date browsers should be used (e.g., with JavaScript and cookies enabled). Older technologies may result in limited functionality.

Winner.Energy reserves the right to temporarily suspend the service, for example for maintenance work or due to force majeure.

The customer assures that all information provided is true. Use must not violate applicable law or the rights of third parties.

No content (texts, images, software, etc.) may be uploaded without the corresponding usage rights.

The underlying mechanism of Winner.Energy is a trade secret and calculates matches using dozens of methods. Despite efforts to ensure accuracy, no guarantee can be given for conformity with reality.

The customer is responsible for the content they provide, publish, or transmit. Winner.Energy accepts no liability for user content. When publishing images of third parties, you confirm that you have obtained their consent.

4. Payment

Fees are due in advance and payable immediately. Unless otherwise agreed, no refunds will be given.

Payment methods:

  • Credit card: charged upon completion of the order.
  • PayPal: payment via your PayPal account.
  • Invoice (if offered).
  • Sofort transfer: payment via the secure form of Sofort GmbH.
  • Giropay: online transfer using your bank’s PIN/TAN.

5. Data Use and Disclosure

Winner.Energy complies with the applicable data protection regulations, in particular the BDSG, TMG, and GDPR. For details, please refer to our Privacy Policy.

6. Termination of Free Membership

You may cancel your membership at any time in text form (e.g., letter, email). Users with Facebook Connect may also cancel via their Facebook profile.

Address for termination:
ABeffekt GmbH
Berliner Straße 77
33647 Bielefeld, Germany

7. Warranty and Liability

Winner.Energy is liable only for damages caused intentionally or by gross negligence, as well as for injury to life, body, or health.

In other cases, liability is limited to typical, foreseeable damages. Any further liability is excluded.

The above limitations of liability also apply to vicarious agents and employees of Winner.Energy.

Liability under the Product Liability Act or in cases of fraudulent intent remains unaffected.

8. Storage of Contract Text

We store the contract text and send you the order data and our Terms and Conditions by email. Your previous orders are not accessible online for security reasons.

9. Contract Language and Changes to the Terms

The contract languages are German and English.

Winner.Energy reserves the right to amend these Terms and Conditions with effect for the future, provided that the essential contractual provisions are not affected and the amendment is necessary due to legal, judicial, or market-related developments.

Winner.Energy
Last updated: August, 2024

1. General Information

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all of these terms, do not access or use our sites or services.

The Administrator of the Winner.Energy website is a corporation organized under the laws of Germany. If you have any questions or comments about this Terms of Use Agreement, you may contact us by writing at:

ABeffekt GmbH
Berliner Strasse 77
33647 Bielefeld

This Terms of Use Agreement is a legal agreement that governs our relationship with users and others that interact with us and our subsidiaries and affiliates (“WinnerEnergy,” “we,” or “us”) in connection with the use of the Winner.Energy website.

This Agreement and any policy or guideline of the Services may be modified by us at our sole discretion at any time, with or without notice. When we change the Agreement, we will update the “last revised” date at the top of this page. You should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

2. Use of the Service

You agree to use the Service, including the posting of any content through it, in a manner consistent with this Agreement and all applicable local, state, national, and international laws and regulations. Use of the Service is void where prohibited.

You acknowledge that the matching algorithm used on our Website is our trade secret. We strive to ensure its accuracy; however, we cannot guarantee that results will always reflect reality. Please note that the algorithm considers only specific information about users.

WinnerEnergy does not make any representations, warranties, or guarantees regarding the behavior of its users, the information provided by users, or their compatibility with you.

You assume all risks associated with using the Services, including, but not limited to, risks from online or offline interactions with others, such as dating. You agree to take all necessary precautions when meeting other users, especially in person.

3. Responsibility for User Content

You are solely responsible for the content and information you provide, publish, or transmit through our Service, including but not limited to data, text, photos, and graphics. WinnerEnergy does not control, take responsibility for, or assume liability for any user content posted by you, nor is WinnerEnergy liable for any errors, defamation, libel, falsehoods, obscenity, or other objectionable material you might encounter.

When posting images of third parties, you declare that you have obtained the consent of those individuals to use their images on our site. You will not post or transmit any content that violates third-party rights or any applicable law, rule, or regulation, or that is prohibited under this Agreement.

4. Accuracy of Information

Providing accurate information is essential for the proper functioning of our algorithm.

You agree not to post any inaccurate, misleading, incomplete, or false information on our Service. Additionally, you confirm that all images you provide are of you and were taken within the last two years.

5. Technical Requirements

Minimum (recommended) technical requirements for using the Site:

  • CPU: 1000 MHz
  • RAM: 512 MB
  • Internet connection
  • Browser: Internet Explorer 8.0, Firefox 3.6, Opera 9.0, or later versions
  • Cookies enabled
  • Flash Plugin 9.0 or later versions
  • JavaScript enabled

6. Privacy

Please refer to our Privacy Policy for information about how we collect, use, store, and disclose personally identifiable information. By using the Service, you consent to the collection, use, transfer, and processing of your data as outlined in the Privacy Policy.

You also agree to receive emails from us in connection with the use or promotion of the Service.

7. Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by WinnerEnergy.

WinnerEnergy has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that WinnerEnergy is not responsible for any damages or losses arising from the use of or reliance on any such content, goods, or services available on or through such websites.

8. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason, including a breach of the Terms.

9. Complaints

Complaints regarding the provision of the WinnerEnergy Service or questions about the Service should be addressed to:

ABeffekt GmbH
Berliner Strasse 77
33647 Bielefeld
Email: office@abeffekt.com