The general
terms and conditions (hereafter "GTC") govern the access and use of
the offered services and all information, texts, graphics and/or other
materials. The access to and use of the Services are subject to acceptance of
and compliance with these conditions. By accessing and/or using the services
users accept the GTC.
1. Scope
1.1.
planetlan GmbH, Feldstraße 4, 44867 Bochum (hereinafter "supplier")
provides all deliveries and services solely on the basis of these general terms
and conditions ("GTC").
1.2. The
object of these GTC is the Internet service "Ucardo.com" provided by
the supplier, hereineafter summarized under the paragraph"Online
Services".
1.3. Any
terms and conditions of the customer which differ partially or completely from
these GTC will not be accepted, unless
the supplier has agreed to them in writing.
1.4. The
supplier is entitled to amend the terms of this contract, if the amendment is
appropriate for the customer. The consent to the amendment of the contract
shall be deemed given if the customer does not object to the amendment within
four weeks after receipt of the noticification of amendment.
2. Conclusion of the contract
2.3. The
offers made by the supplier are subject to change and non-binding. We reserve
the right to make technical and other changes, as long as they are reasonable.
3. Scope of services
3.1. The
supplier provides the services as offered. Any individual solutions or additional
agreements must be made in writing.
3.2. The
supplier guarantees an availability of the service of 99% annual average. Cases
when the server cannot be reached due to technical or other problems that are
beyond the control of the supplier (force majeure, fault of third parties,
etc.) shall be exempted. If the security of the entire operation or the
maintenance of the overall integrity is compromised by the customer, the
supplier may temporarily restrict access to services as may be necessary.
4. Duration and termination
4.1. Unless
otherwise stated in a concrete offer of ucardo or agreed in the order, this User Agreement shall be in force for an
indefinite period of time.
4.2. The
supplier shall be entitled to discontinue the object of the contract or any
part thereof, or to sell it to third parties. In case of a sale, the customer
shall also be informed thereof. Within one month of the transfer of his data to
the purchaser, the customer has the right to object and terminate the agreement
with the supplier without observing a
notice period.
4.3. The
right of the parties to give extraordinary notice of termination due to an
important reason remains unaffected. A particularly important reason is the
following:a) the breach of any material provision of this Agreement by the
other party; b) the initiation of insolvency proceedings against the other
party, respectively the submission of a request for the initiation of
insolvency proceedings as well as the denial of such a request for lack of
assets.
5. Data security
5.1. For the
maintenance of his offer the customer shall receive a User ID and a password.
He is obliged to treat them as confidential and shall be liable for any misuse
resulting from any unauthorized use of the password. If the customer becomes
aware that unauthorized third parties know the password, he/she must
immediately inform the supplier about this. If, due to a fault on the part of
the customer, a third party obtains access to the passwords and thus is able to
use the services provided by the supplier, the customer shall be liable to the
supplier for all damages including users fees and compensation. In the case of
suspicion, the customer shall have the possibility of requesting a new password
without incurring any costs.
6. Data Protection
6.1.
Customer data will not be disclosed to third parties, unless this is absolutely
required by the service booked by the customer.
6.2. The
supplier shall collect personal information of the customer for the services
provided during the performance of the agreement. In case the contract is not
extended after its expiry date, this data will be automatically deleted from
the supplier's system within three months.
6.3. The
supplier shall not transfer the data of the customer to third parties, for purposes of
advertising/disposal of data.
7. Published Contents
7.1. With
the transmission of data, the customer exempts the supplier from any liability
for the content and promises not to transmit any material that violates the
rights of third parties or violates any applicable statutory provisions.
7.2. If the
youth protection conditions stipulated in the legislation in force can not be
demonstrably met, the use and dissemination of any kind which is harmful to the
youth is not permitted.
7.3. It is
not possible for the supplier to conduct a thorough individual assessment for
each case, in order to determine whether third-party claims are justified or
not. The customer therefore agrees that the supplier is entitled to block the
access in the event that third party claims
for omission are raised or the customer is not unequivocally the lawful owner
of the published documents, or the programs.
8. Liability
8.1. The
supplier is not liable to the customer in case of a slightly negligent breach
of immaterial contractual obligations. For indirect or consequential damages or
loss of profit, the supplier shall be liable to customers only in cases of
intent or gross negligence on the part of the supplier. In this case, the
liability shall be limited to typical for the contract, foreseeable damage.
8.2. If, due
to the content of his published data, the client is in breach of the
obligations stipulated in paragraph 8, in particular of legal prohibitions or
morality, he is liable towards the supplier for compensation for any direct or
indirect damages resulting from the breach of any law.
9. Terms of payment and termination
9.1. The
customer pays for the service via a payment system provided by the supplier,
for 6 months in advance. After the payment has been verified, the service can
be used for six months.
9.2 It is
not required to cancel the package as a package is not automatically extended.
If the customer decides not to continue using the service, then the associated
account expires within 3 months after the end of the paid period. The supplier
shall inform the customer per e-mail shortly before the package expires. If the
offer is not extended by the customer, the customer will receive a final e-mail
conclusively informing him that his account is deleted.
10. Place of fulfillment, jurisdiction, other
provisions
10.1. The
supplier is entitled to assign the Contract to assignees, with all related
rights and obligations, by means of a declaration.
10.2. The
place of performance of all obligations of this agreement shall be Bochum.
Insofar as the Customer is a business owner, legal entity under public law or
special fund under public law, the exclusive place of jurisdiction for all
claims related to the business relationship shall be for the court of first
instance with jurisdiction in Bochum.
10.3. The
same applies if the customer has no general jurisdiction in Germany or if his
habitual residence at the time of the action is not known.
10.4. If any
individual provision of these Terms is or becomes invalid, the validity of the
remaining provisions shall not be affected. The disputed clause is to be
replaced by one that is as close as possible to the commercial purpose of the
original.
