Terms and Conditions
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.
1.1. planetlan GmbH, Lyrenstr. 13, 44866 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.
8.1. 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.