Terms and Conditions (T&C)
as of 2017-01-09
§ 1 General
(1) These T&C provide the basis for the user contract between you as the user (hereinafter: “user” or “you”) and Christian Schmidt, Kavalierstr. 21, 13187 Berlin, +49 159 06054558 as the provider of the software “BookMeTender” (hereinafter: “BMT” or “we”). Such version of the T&C shall apply as had applied at the time at which the contract was entered. Free or paid use of the software “BookMeTender” (hereinafter: “Software”), provided as a web application, constitutes the subject of the contract.
(2) The T&C apply to the entire business relationship between BMT and you, and can be looked at on our website via the link “Terms & Conditions”, where you have the options to save or print the T&C. We do not accept conditions that deviate from or contradict those provided in the T&C. This also applies when we do not explicitly object to their inclusion.
§ 2 Registration and conclusion of contract
(2) By dispatching the registration form, you make a binding offer to enter a contract for use of the Software. The user contract between us and you comes into being when we accept your offer via dispatch of a confirmation e-mail. We explicitly retain the right to reject your offer without stating reasons. In case that we offer you for the first time the usage of the Software referring to your request, the user contract comes into force with your acceptance (e.g. with the first login and usage of the Software).
(3) Upon successful registration, you receive a user account. You are obliged to treat your password in strict confidence and to take necessary care to ensure that third parties have no access to it. Communication of access to third parties is explicitly prohibited. You alone are responsible for preventing that your access data are wrongfully used by third parties. You are obliged, as soon as you suspect that your access data have been lost or stolen, or that your account has been accessed or used by third parties, to inform us thereof without delay and to change your password.
(4) While using the Software as a web application, you are generally permanently logged in until you actively log out or until the corresponding browser-cookies are deleted. You are aware that there is the general risk that third parties can access your account and all personal data saved therein if they have access to a registered/logged in terminal device. You are also aware that a logged-in terminal device, though not in active use, may still be exchanging data in the background, which in turn uses and may impact on your data volume. We therefore recommend that you actively log out at the end of every session.
§ 3 Performance specifications and rights of use
(1) The type and extent of services that are at your disposal as well as their availability can be taken from our website and the Software at any time. The administration and planning of events constitute significant elements of the services provided by the Software.
(2) By successfully registering, you receive the simple, worldwide and non-transferable right to use the Software appropriately (§ 3 (1)). Nevertheless, the right to use the Software is limited to the venue named within the registration (club). Use and application that goes beyond this requires our express written approval. This applies in particular to the reproduction, distribution, processing or sublicensing of the Software.
(3) Where we provide the Software free of charge while it is also available for purchase, we do so reserving the right to make changes, to discontinue free service or to continue providing the service only upon payment, without prior announcement, and at any time. Moreover, we assume no responsibility regarding the completeness and/or correctness of free software, unless we have caused the defect with intent, by gross negligence or by fraudulent concealment.
(4) BMT always ensures the highest possible degree of Software availability. Notwithstanding, it can be necessary to temporarily suspend availability for maintenance purposes. Where possible, we will notify you in advance in a timely manner of any maintenance schedules and shall design the latter in a fashion that causes the least possible impairment.
§ 4 Rights and obligations
(1) You are obliged to provide correct and complete information when registering, and to duly inform BMT of any changes to your registration data. You are not entitled to place your user account at the disposal of a third party or to put the Software to a use other than that intended.
(2) You alone are responsible for the contents you create within the Software and are obliged to make regular backups of said content. Nevertheless, BMT backups the content periodically. You must ensure that the contents do not violate the rights of third parties. In particular, you warrant that your contents are in compliance with protective rights of third parties (incl. competition, labelling, name and copyright law) as well as with governing laws.
(3) BMT and its vicarious agents are to be fully indemnified, at the first request, from any third-party claims and any costs that have their basis in the Software being used by you in a fashion that violates the law/the contract, or in you condoning that the software is used in such a fashion, or which arise, in particular, from litigation involving data protection, copyright or other laws in conjunction with your use of the software. You are obliged to notify BMT immediately as soon as you realize, or are in a position to realize, that a violation of such nature is about to occur.
§ 5 Payment, duration and termination
(1) The use of the Software is offered for a monthly fee, which consists of a basic fee and special fees for specific features and resources. Alongside this, BMT offers the possibility of buying events in advance, which can be used afterwards. See the current BMT price list for prices and available payment periods. All shown prices are excluding VAT. Depending on the chosen payment period, the amount due is invoiced in advance.
(2) The user contract begins with the successful registration (§ 2) and is unlimited. Each party reserves the right to terminate the contract with a notice period of four (4) weeks to the end of every payment period (§ 5 (1)).
(3) Termination must be rendered in text form (e.g. via e-mail). The time at which the deadline for termination expires is determined by the time at which BMT receives such notification.
(4) The right to terminate the contract for cause remains unaffected. In particular, we reserve the right to terminate the user contract with immediate effect if you substantially violate the provisions of these T&C. BMT reserves the right to block access to the Software in case of default of payment.
(5) You no longer have access to the contents of your account once the contract has expired or is terminated.
§ 6 Liability
(1) In accordance with the governing legal, BMT shall be liable without restriction for damages resulting from injuries to life, body or health that result from willful or grossly negligent breaches of duty or fraudulent intent. Furthermore, BMT shall bear unrestricted liability for damages according to liability covered in compulsory statutory provisions, for instance the German Product Liability Act (Produkthaftungsgesetz), and in the event of accepting guarantees.
(2) For such damages, which are not mentioned in § 6 (1) and which are caused by simple or minor negligence, BMT is liable if the negligence is in violation of contractual obligations the fulfilment of which: is necessary in order for the contract to even be properly fulfilled; can be regularly expected and relied on by you (so-called cardinal obligations). In such cases, the liability of BMT shall be limited to damages typically foreseeable under contract.
(3) The above provisions also apply in favor of the employees, representatives and vicarious agents of BMT.
§ 7 Final provisions
(1) Relationships between the parties are governed by the applicable law of the Federal Republic of Germany under exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Regarding consumers resident in the European Union, the relevant laws of the country in which they reside may also be applicable, provided that those provisions mandatorily apply and concern consumers’ rights. The language of contract is German.
(2) We reserve the right to modify these T&C at any time. We shall inform you in writing or via e-mail whenever such modifications are made. You are deemed to be in agreement with the modifications if you do not provide objection within four (4) weeks of being notified thereof. In notifying you of modifications, we shall also explicitly inform you of this consequence of not rejecting the changes. Should you not agree to the changes, the contractual relationship will continue to the previously applicable conditions until the payed period expires, or can be terminated by us in cases of free Software. Should you wish to return to using the Software, you will only be eligible for use under the conditions that are current at that time.
(3) We are entitled to transfer, with exempting effect, all of the duties and obligations covered by these T&C, entirely or partially, to a third party. You hereby already agree to such transfer of contract. You have the right to extraordinarily terminate your contract immediately should we avail ourselves of such a transfer.
(4) If you have no place of general jurisdiction in Germany or another EU member state, or if you have moved your place of permanent residence to a country outside the EU since these general terms came into effect, or if your domicile or the place you usually reside is unknown at the time at which the lawsuit is commenced, the exclusive place of jurisdiction for all and any disputes arising from this contract shall be the place of business of BMT. The same applies if the contract partner is a merchant, a legal entity under public law or a public fund.
(5) Any changes or amendments to the T&C (with the exception of § 7 (2)) must be made in written form. The requirement of the written form shall also apply to the cancellation or revocation of this requirement.
(6) You are not entitled to set counterclaims off against claims of BMT, unless such counterclaims have been established by a final and conclusive court ruling or are undisputed.
(7) Should a provision of the T&C be invalid (f. ex. unlawful or otherwise unenforceable), that invalidity shall have no impact on the validity of the remaining provisions. The invalid provision will be replaced with a lawful, mutually agreed provision with similar and valid economic and legal effects. The same applies to potential gaps and omissions in the T&C.