General Terms and Conditions (TaC) of getsteroo GmbH for business customers
Status: March 2019
1. Validity of the TaC
1.1 getsteroo GmbH, Carl-Benz-Straße 21, 60386 Frankfurt am Main, Germany, registered in the commercial register of the district court of Frankfurt am Main under HRB 103342 (hereinafter the "Provider") provides entrepreneurs in the sense of § 14 BGB, legal entities and special funds under public law (hereinafter the "Users") via the website www.lostandfoundsoftware.com (hereinafter the "Website") and via the mobile Lost and Found Manager App (hereinafter the "Services") a software for the recording and administration of lost property and search requests as well as for the handling of the return process (hereinafter the "Service"). The Service is free of charge for the User unless otherwise stated in the following terms and conditions, but the Provider reserves the right to offer further services against payment via the Services in the future.
1.2 For the use of the Service and for all contracts and business relations between the Provider and the User, the following Terms and Conditions shall apply exclusively in the version valid at the time of registration for the Service. Deviating, conflicting or supplementary General Terms and Conditions of the User are hereby rejected. They shall not become part of the contract unless their validity is expressly agreed to in writing.
1.3 The provider reserves the right to change these GTC at any time, provided that such changes do not unreasonably disadvantage the user. Changes to the GTC will be announced by e-mail at least four weeks before they come into force. The changes are considered approved if the user does not object to the changes within four weeks after our notification by e-mail to firstname.lastname@example.org. In the event of an amendment to the GTC, the provider will specifically draw the user's attention to the possibility to object and the significance of the deadline. If the user makes use of his right of objection, the provider has the right to delete his user account with effect from the point in time at which the amended GTC are to come into force. The provider will also point this out to the user separately.
2. Registration, User Account
2.1 In order to use the Service, the User must first register on the Website or in the Lost and Found Manager App to create a user account.
2.2 Upon registration, the User must provide a valid email address and choose a password. The User must provide all data requested during registration completely and truthfully. By clicking the ["Send"] button, the User submits an offer to conclude a contract for the use of the Service and also agrees to the Provider's General Terms and Conditions and data protection provisions valid at the time of registration.
2.3 The provider accepts this offer by sending the user a confirmation e-mail to the e-mail address he/she provided during registration. The provider declares acceptance under the condition precedent that the user clicks on the activation link provided in the confirmation e-mail. By clicking on the activation link, a contract between the Provider and the User concerning the use of the Service, in particular the software, is concluded (hereinafter the "User Agreement"). The Provider reserves the right to refuse registration without giving reasons.
2.4 Only persons who have unlimited legal capacity and are a "user" in the sense of section 1.1 of these GTC may register as users.
2.5 The user may only have one user account at any one time. Should the User register several times and have several user accounts at the same time, the Provider will delete all his user accounts except his oldest user account; the Provider reserves the right to delete all user accounts.
2.6 The user account is not transferable to third parties.
2.7 The user is obliged to treat the user data confidentially and to protect it from access by unauthorized third parties. The user is obligated to inform the provider immediately if there are indications of misuse of the user account by third parties.
2.8 The provider reserves the right to delete a user account if the user has not used the service for a period of at least six months or if the provider can no longer reach the user via the e-mail address provided by him.
2.9 The Provider may, at its own discretion, make the use of the Service in whole or in part, in individual cases or in general, subject to certain conditions, such as verification of the registration data, period of use, type of user account (private/commercial), status of the proof of trust, or to the submission of certain proofs (e.g. proof of identity).
3. Severability Provision
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
4. services / subject of the contract
4.1 For the duration of this contract, the provider entitles the user to use access to his services via the medium of the Internet free of charge. For this purpose, the provider stores the software on a server that can be accessed by the user via the Internet.
4.2 Software upgrades are carried out automatically. Software Upgrades are new versions of a software, which, in addition to eliminating errors, essentially contain new functions, or significantly expand the range of application, flexibility or productivity and to which the User's claims for defects do not apply. The right to use the software originally granted to the user remains valid.
5.1 The provider is not liable for timeouts of the servers, loss of data (unless otherwise agreed), the correct functioning of individual programs or transmission failures from the server to the user himself. The provider cannot be held responsible for interception of the data stream between the user and the server by third parties, even if the user uses supposedly secure encryption mechanisms. The provider will immediately inform the user of any attempted break-ins by third parties, as far as they can be detected.
5.2 The provider guarantees an accessibility of his servers of 97% on an annual average. Excluded from this are times in which the server cannot be reached due to other technical problems which are not within the provider's sphere of influence (force majeure, fault of third parties, etc.).
5.3 The service is available to the user in principle seven days a week around the clock.
5.5 The provider is entitled to interrupt the availability of the service for maintenance purposes or due to other technical requirements.
6 Reaction times in case of faults
6.1 The provider guarantees a response time of 48 hours during normal business hours on workdays (Monday to Friday between 8:00 - 12:00 CET and 13:00 - 18:00 CET) in the event of total service failures. In the case of minor faults that do not lead to a total service failure and that occur during routine operation, the provider usually reacts within [2 working days] after receipt of the fault message. Further levels of response times and other services are to be agreed in separate contracts.
6.2 If a fault report is received outside business hours, the reaction time shall begin with the beginning of business hours of the next working day. If it occurs during business hours, the remaining time not yet used during business hours shall continue to run from the beginning of business hours of the next working day.
7 Rights of use
7.1 The provider grants the user the simple and non-transferable right to use the software made available via the services for the period of the usage contract.
7.2 The user is not entitled to make the software available to third parties for use. The user is expressly not permitted to sublet the software.
7.3 The modification, retranslation of program codes provided into other code forms (decompilation), other types of reverse engineering, the reading out and transfer of databases and software to other storage media, even if only in part, unless this is absolutely necessary for their contractual use, as well as any form of further development or other processing is not permitted.
8 Handling Gateway
For the purpose of handling the lost property return process, the owners of the lost property (the "Owner") will be directed to another website, the Handling Gateway (www.handling-gateway.com) (the "Handling Gateway"). Through the Handling Gateway, the Owner may instruct a shipping service provider to collect the Lost Property from the User and return it. In principle, the owner bears the costs of the return shipment.
9 User content
9.1 The user is responsible for correctly providing all information required for the registration of a report of loss or find.
9.2 The user guarantees and assures that he has not unlawfully obtained the items posted as lost property.
9.3 Each user is responsible for the user content he/she submits. "User Content" means content, images, photos, videos, data and other information which the User provides in relation to the items posted as lost property and which may be made publicly available. The user is not permitted to use user content, names and/or other personal data in his entry if, for example, the rights of third parties are violated.
9.4 In the event that the User chooses that the lost property notices created by him/her should be published on services of the Provider - in particular on the platform www.haveitback.com and www.lostandfoundsoftware.com operated by the Provider - the User grants the Provider a non-exclusive, worldwide, free of charge, unlimited in space and time, transferable right to use his/her user content for the purpose of using the services and the service of the Provider. This includes in particular (i) the right of reproduction, the right of public access and distribution, i.e. the right to use content for an indefinite period of time by means of any available technology, in particular by digital integration within the framework of the websites, and the right to make the content available to the public or to reproduce it publicly, to transmit it and distribute it by means of broadcasts (in particular via the social media platforms shared by users); and (ii) the right to make it available upon request, d. i.e. the right to preserve content, to make it available to the public, to make it available to any number of persons. In particular, the user agrees that the data and information transmitted by him in the form of user content, e.g. for visual or graphic reasons or for clarification purposes, may be edited or used on third-party websites under a different domain address.
9.5 The users alone are responsible for the user content. The user guarantees and assures,
- that all information, images, photographs, photographs, videos and all other content posted, transmitted or otherwise made available on the Service does not violate any third party rights or applicable law
- that the User Content created and added by him/her does not contain any of the prohibited content referred to in Section 10 of the TOS; and
- that he is the author of the user content or the holder of the necessary rights of use for it.
10 Prohibited use
10.1 The user makes use of the service in accordance with these conditions and the applicable laws. Any inappropriate or illegal use is prohibited. In particular, the following is prohibited without restriction:
- Uploading and distribution of pornographic, insulting, abusive, defamatory, offensive, racist, threatening, the law for the protection of minors and personal rights or other illegal content;
- uploading and distributing content that has been copied in whole or in part from other protected content without the consent of the respective author;
- Uploading and distributing content that affects or infringes the rights of third parties, in particular personal rights, copyrights or intellectual property rights and all other rights of third parties;
- use of the service of the provider for advertising purposes;
- False statements or information and the provision of data and information of third parties;
- Use of data and information of other users without their express consent;
- Attacking the Service with viruses, malicious software or in any other harmful way;
- Altering, manipulating, circumventing, overloading or disrupting the Service and its underlying software and security systems; and
- Posting of unlawfully obtained items as lost property.
10.2 The content made available by the Provider via his Service may not - with the exception of cases permitted by law - be copied, distributed or otherwise made publicly accessible without the Provider's consent. In particular, the use of computer programs or manual activities that serve the purpose of automatically reading, storing or analyzing data, such as crawlers (also known as spider programs or robots, in short bots), is prohibited.
10.3 It is forbidden to take any measures aimed at disrupting the functionality of the Service. Electronic attacks of any kind are prohibited. This includes: Attacks that attempt to break into internal processes, use or spread malicious software, send unsolicited messages, including advertising, other processes that disrupt the smooth operation of the Service of the Provider.
10.4 The provider reserves the right to edit, remove or suppress user content posted by users, if he has indications that the user content violates these GTC or legal regulations.
In all disputes between the user and third parties in connection with the user content provided by the user, the user is solely responsible for the legality of the user content used by him. Should third parties assert corresponding claims against the provider, the user shall indemnify the provider from any resulting claims of third parties. This does not apply if the violation is not the responsibility of the user. In the event of a claim by third parties, the user is obliged to provide the provider immediately, truthfully and completely with all information that could be necessary for the examination of the claims and a defence. The user shall assume all reasonable costs incurred by the provider due to an infringement of third party rights, including reasonable costs incurred for legal defence.
12 Liability / Warranty
12.1 The liability of the provider for damages caused by and in connection with the exercise of rights and obligations under this contract of use is excluded. This does not apply to
(i) Damages resulting from injury to life, body or health,
(ii) Damages resulting from a breach of duty by the Provider or a legal representative or vicarious agent of the Provider with regard to essential contractual rights and duties that are indispensable for the proper execution of the contract and which endanger the achievement of the purpose of the contract;
(iii) Damages that are based on an intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent of the Provider;
(iv) liability according to the Product Liability Act;
(v) the liability in case of the assumption of a guarantee.
12.2 For damages which do not involve injury to life, body or health and which are due to a negligent breach of duty by the provider or a legal representative or vicarious agent of the provider, the liability of the provider is in any case limited to contract-typical and foreseeable damages.
13 Data protection
13.1 The provider assures to observe the provisions of the German Federal Data Protection Act (BDSG) as well as other relevant legal regulations when collecting, processing and using the user's personal data.
13.2 The provider collects, processes and uses personal data only insofar as this is necessary for the establishment, content design or amendment of the contractual relationship and for advising the user, advertising and market and opinion research for the purposes of the provider and there is no reason to assume that the user has an interest worthy of protection in the exclusion of use.
13.3 The user is entitled to object to the use of his data for the purposes of advertising or market and opinion research by the provider.
14 Force majeure
14.1 The Provider is released from the obligation to perform under this Agreement if and to the extent that the failure to perform is due to circumstances of force majeure occurring after the conclusion of the Agreement.
14.2 Circumstances of force majeure include, for example, war, strikes, riots, radical legal changes, storms, floods and other natural disasters, as well as other circumstances beyond the control of the provider, such as and in particular water ingress, power failures and interruptions or destruction of data-carrying lines. Each contracting party must inform the other contracting party immediately by e-mail about the occurrence of a case of force majeure.
15 Term of contract and termination
15.1 The contract of use is concluded for an indefinite period and can be terminated by either party at any time with a notice period of four weeks at least in text form in accordance with § 126b BGB.
15.2 The right to terminate for good cause remains unaffected. A good cause is given for the Provider in particular in cases where the Customer significantly violates the obligations incumbent upon him. Upon termination of the usage contract, the connection to the services is blocked.
16 Final Provisions
16.1 If the user is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all legal disputes arising from this contract shall be Frankfurt am Main.
16.2 The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods.
16.3 Should individual provisions of these GTC be or become invalid or contestable in whole or in part, the validity of all other provisions or agreements shall not be affected. The contracting parties undertake to replace the ineffective provision with one that is economically equivalent to the purpose of the contract.
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