A.
A. General Terms and Conditions of Use (GTCU)
Preamble
Hominext is an innovative application that
allows landlords, tenants and/or flat-sharing residents to network with each
other. We help by publishing not only classic offers of living space (place
offer), but also personal housing requests (tenant offer). Our focus is on
"matching" providers and seekers in the best possible way on the
basis of their personal characteristics. However, our true strengths become
apparent after the successful match, because Hominext has much more to offer on
the topic of housing.
The use of Hominext requires the opening of
a Hominext User account with cerebo GmbH, which the User can access via the
Hominext web portal, the mobile Hominext website or via the mobile Hominext app
(hereinafter uniformly referred to as Hominext or Hominext platform).
On the one hand, our aim is to enable you
to search, offer, organise and plan attractive place offers and requests with
networked Hominext Users and, on the other hand, to maintain a business
relationship with you that is as long and fair as possible. However, in
e-commerce, even we cannot avoid binding general terms and conditions of use -
the so-called small print - that come across in somewhat technical legal
language.
In accordance with our self-image, our
general terms and conditions of use reproduced below pursue the goal of
regulating our business relationship with you in a binding and fair manner:
1.
Subject of the contract; scope of application
1.1. cerebo GmbH (for operator data see imprint: Impressum ) is the
operator of Hominext (hereinafter referred to as the Operator) and offers
consumers and entrepreneurs (hereinafter referred to as the User) access to and
use of Hominext via the web and via mobile applications.
1.2. These General Terms and Conditions of Use (GTCU) apply to all Users
of Hominext with the first access to the free or paid services of Hominext.
These GTCU are supplemented by the data protection notice, the notice-and-take/stay-down
procedure and - if available - the price list in its current version.
1.3. Counter-confirmations of the Users with reference to their own terms
and conditions of business and/or purchase are hereby contradicted. Individual
agreements remain unaffected by this.
1.4. Users are entitled to use Hominext in accordance with the following
provisions.
2.
Services; costs; collection of remuneration
2.1. Hominext enables Users (consumers, entrepreneurs and companies) to
present themselves and living space, to search for and find flatmates, to
exchange and publish news, information and evaluations as well as to offer,
execute and process housing-related services such as reservations and tenancy
agreements (hereinafter collectively referred to as agreements). For this
purpose, Hominext has an integrated, automated messaging and publishing system
to facilitate User-to-User communication as well as extensive functionalities
to initiate, manage and monitor ongoing actions.
2.2. The services obtainable with Hominext consist of, among other
things:
· Provision of the usage options of Hominext after admission of the
User pursuant to clause 3;
· Provision of an electronic control board (dashboard) for the
operation and use of Hominext;
· Provision of the possibility to publish and maintain User profiles
(landlord and / or tenant);
· Providing the possibility to publish and maintain place offers and
tenant offers;
· Providing the possibility to initiate (inform, negotiate, handle)
tenancy agreements;
· Creation of information, communication and evaluation possibilities
with links to dedicated publication channels;
· Allocation of roles with different permissions including user
accounts with paid subscriptions;
· Provision of consulting and design services to (commercial) Users
for a fee, in particular the creation of entries, advertising, advertisements,
User profiles and place offers by the Operator.
2.3. The costs and billing modalities for the subscriptions to Hominext
and individual services and transaction costs can be found in the current price
list on Hominext (web portal/app). The price list current at the time of the
conclusion of the contract with the Operator (order) is decisive for the price
determination of the individual services. In the event of a contract extension,
the price list current at the time of the contract extension shall be decisive,
provided that the User has explicitly agreed to the changed conditions by
pressing a button or the commercial user (entrepreneur) has been separately
informed of the changed prices by the Operator at least 14 days before the
respective contract extension and continues to use the services without
objection. The User shall be informed separately of the right of objection and
the legal consequences of silence in the event of a price change.
2.4. The Operator reserves the right to agree supplementary terms and
conditions and prices for individual services, in particular for those to be
provided to companies.
2.5. All prices listed in the price list include the respective value
added tax applicable in Germany.
2.6. If additional services are purchased by paying a one-off amount, the
remuneration shall be collected upon conclusion of the contract.
2.7. Transaction cost contributions are levied and collected by the
Operator upon payment of the remuneration by the User.
2.8. When purchasing a subscription, the remuneration shall be collected
in advance for the respective minimum term at the time the contract is
concluded. If the subscription is automatically extended, the fee shall be
collected in advance at the beginning of the respective extension period. This
does not apply if the payment is made via Apple Pay; in this case, the payment
is already collected 24 hours before the start of the respective billing
period.
2.9. If we integrate payment service functions in such a way that it is a
payment initiation service within the meaning of section 1 para. 1 sentence 2
no. 7, para. 33 CISA or an account information service within the meaning of
section 1 para. 1 sentence 2 no. 8, para. 34 CISA, the provisions of the CISA
shall remain unaffected.
3.
Permission and usage requirements; registration;
mobile apps and appstore
3.1. The prerequisite for using Hominext is the registration and opening
of a Hominext user account. This is possible either directly in the Hominext
web portal or via the Hominext mobile application (app). In the course of
registration, the User is requested by the Operator to accept the validity of
these terms and conditions together with appendices such as the price list and
data protection notice. After registration, the Operator first sends the User
an e-mail for security reasons, in which the User authenticates his
registration by clicking on the "Confirm e-mail" field or by entering
the transmitted activation code with his e-mail address. The User is then
redirected to Hominext, where the Operator can finally confirm the
registration. Only after this the registration process is completed.
3.2. How the respective contract is concluded depends on the way the User
registers for Hominext for the first time and whether the User makes use of
additional paid services:
· When registering via the Hominext web portal, the contract of use is
concluded after the registration process has been fully completed;
· In the case of registration via mobile apps, the conclusion of the
contract of use depends on the rules of the app store Operator. As a rule, the
contract is concluded when the User clicks on the install button in the
respective app store and, if required, enters his/her password for the
respective app store. The use of the Hominext app nevertheless requires the
opening of a Hominext User account independent of the respective app store;
· By registering via social networks such as Google Sign-In, Facebook
Connect or Log in with Twitter, the User authenticates himself, so that further
registration is generally not required; the usage contract is concluded upon
completion of the Facebook Connect registration process;
· The User has the option of either purchasing individual additional
services by paying a one-off amount or permanently within a subscription. The
contract for these additional services is concluded via the Hominext web portal
when the User clicks on the button "Order now with obligation to pay"
or a comparable field and has successfully transmitted his payment data. If the
User purchases the additional services via a mobile app, the contract is
concluded when the User clicks on the "Buy now" button or a
comparable field as part of an in-app purchase and, if required, enters his/her
password for the respective app store.
3.3. Only adult (=/> 18 years) consumers or entrepreneurs and
companies are entitled to register as Users. When registering or placing an
order without registration, the User must provide information about his or her
status as an entrepreneur or consumer; all information must be truthful.
According to the legal definition, a consumer is any natural person who
concludes a legal transaction for purposes that can predominantly be attributed
neither to his/her commercial nor to his/her independent professional activity.
Entrepreneurs and companies are exclusively natural or legal persons or
partnerships with legal capacity who, when using Hominext, act in the exercise
of their commercial or self-employed professional activity (e.g. housing
association, student union, etc.).
3.4. The Operator reserves the right to check the plausibility of the
data provided by the User and, in the event of a negative result, to
immediately block the user account.
3.5. There is no entitlement to admission to the use of Hominext. The
admission shall cease to apply if the requirements for it cease to apply.
3.6. The use of Hominext via a mobile application (app) requires the free
download of our mobile app from an app store (Apple App Store or Google Play
Store). For the download of our apps, the terms and conditions of the
respective app store must be observed.
4.
Request and offers for private activities or
commercial activities
4.1. On Hominext, Users have the possibility to offer and enquire about
place offers and tenant offers.
4.2. Unless otherwise stated, place offers and tenant offers initiated by
Users do not contain a legally binding offer, but only represent an invitation
to Users to submit offers or to enter into contractual negotiations.
4.3. Users have the possibility to select place offers and tenant offers
according to individual criteria and to submit legally binding applications
based on these.
5.
Design and processing of agreements initiated or
concluded on Hominext (Rental Agreement Guideline)
5.1. The arrangement and processing of agreements initiated or concluded
via Hominext (reservation requests, tenancy agreements, termination requests)
merely serve the principle of facilitated communication and are the sole
responsibility of the respective Users. For these agreements, the Operator
assumes neither a guarantee for fulfilment nor liability for material or legal
defects of the places offered for rent. In particular, the details communicated
by the Users and taken over on Hominext do not represent any properties
guaranteed by the Operator. The Operator is under no obligation to ensure the
fulfilment of the agreements concluded between the Users.
5.2. The Operator does not guarantee the true identity and the power of
disposal of the Users. In case of doubt, both contracting parties are required
to inform themselves in an appropriate manner about the true identity and the
power of disposal of the other contracting party.
5.3. Hominext optionally offers the processing of tenancy agreements via
a chargeable Trusted Check-Out functionality, by means of which it is ensured
that payments are only disbursed to the landlord via an escrow account when the
tenant has been able to make use of the housing offer.
6.
Own content, third-party content and your
content
6.1. On Hominext the User will find contributions and contents as well as
service offers of the Operator and of external service partners. The User can
also upload content and offers to Hominext.
6.2. As a general rule, everyone is responsible for their own content.
Therefore, it should always be recognisable to other Users who has posted the
contributions and offers on the Hominext platform. For this reason, most
content and especially offers and requests cannot be uploaded anonymously or
pseudonymously on Hominext.
6.3. The User is not permitted to upload information, content, images,
videos, news and messages as well as files whose factual correctness is
doubtful, which violate legal or official regulations, the rights of third
parties, morality (e.g. because they are racist, sexist, discriminatory,
inciting, pornographic, radical or otherwise offensive) or are infected by
viruses to the Hominext platform.
6.4. Furthermore, Hominext contains links to websites/apps of third
parties ("external links"). These websites/apps are subject to the
liability of the respective Operators. Hominext has no influence on the current
and future design and content of the linked sites. The inclusion of external
links does not imply that Hominext adopts the content behind the reference or
link as its own. It is not reasonable for the Operator to constantly monitor
the external links without concrete evidence of legal violations. However, if
we become aware of legal violations, we will immediately delete such external
links and ensure as best as we can that illegal content known to us cannot be
uploaded again. For this purpose, a report button or a report form is available
in many places, by means of which corresponding notices and complaints can be
transmitted to us. In this regard, the User must observe the
notice-and-take/stay-down procedure and the provisions of sections 8 and 9 of
these GTCU.
7. Reviews
7.1. Users have the possibility to give reviews about Users they have
interacted with on Hominext.
7.2. Publication on the respective Hominext User profiles shall only take
place if both Users involved have rated each other on Hominext.
7.3. Reviews should be honest but always respectful and may not contain
any abusive criticism or insults. In all other respects, the provisions of
sections 8-10 of the GTCU apply.
8.
Granting of rights of use by the Users to the
Operator
8.1. The ownership, property rights and copyrights to contributions and
content, such as images, texts incl. ratings and videos, which the User
uploads to Hominext for the purpose of retrieval by other Users, remain with
the User. To the extent necessary, the User grants the Operator a simple right
of use for the purpose of retrieval and sharing (right of public access) by
other Users on Hominext or within the scope of our mobile offers (apps) and/or
for the offer of external service partners (third party providers), without us
thereby making the User's content our own.
8.2. It is the sole responsibility of the User to hold or acquire the
necessary rights for posting content on Hominext. As a rule, the User only
holds the necessary rights if he/she has created the content in question
him/herself or has licensed it from the rights holder (e.g. photographer).
8.3. The granting of rights according to section 8.1 is valid for an
unlimited period of time, as long as the User cannot provide the Operator with
any plausible reasons that make the continued retrieval of the content appear
unreasonable for the future (e.g. due to serious disadvantages). The User can
also delete or change some of the content he/she has posted (e.g. profile
data). In this case, our simple rights of use end with the deletion of the
content.
9.
Rights and duties of the Users
9.1. The User is entitled to use the services of Hominext properly within
the scope of the access possibilities granted to him by the Operator. He is
obliged to refrain from illegal actions and misuse of the access possibilities
to the system.
9.2. The User is obliged to continuously check and update his User data
for factual accuracy. Posted place offers, tenant offers, user profiles,
reviews and other content may not violate legal or official regulations and/or
the rights of third parties and/or morality (e.g. because they are racist,
sexist, discriminatory, inciting, pornographic, radical or otherwise
offensive). The Operator reserves the right to publish supplementary content
guidelines for Users, which will become part of these terms and conditions upon
publication.
9.3. The User is solely responsible for content which he posts in the
areas provided for this purpose (such as a description of residential premises
or his/her requests with parameters for the tenant). The Operator does not
adopt this content as its own and does not, as a rule, check this content on
its own initiative - with the exception of random checks and suspicion checks
without cause.
9.4. Users only initiate serious place offers and tenant offers on
Hominext and realistically assess the professional requirements of a housing
opportunity in demand or the professional specification of their offered places
and only make offers that they can fulfil.
9.5. If the User is unable to keep a commitment due to changed
circumstances, he shall inform the other User immediately.
9.6. Insofar as the Operator creates and designs content (user profiles,
place offers and tenant offers) on behalf of the User, the User is obliged to
check the content - this applies in particular to the use of content and
material originating from the commissioning User - to the best of his ability
to ensure that all statutory or official regulations and/or the rights of third
parties and/or common decency are observed. Publication shall only take place
after express approval by the User.
9.7. Users are entitled vis-à-vis the Operator - and are required to do
so before legal proceedings are initiated against the Operator - to demand the
blocking or removal of posted information, content, news and messages as well
as files whose factual correctness is doubtful, violates legal or official
regulations or offends common decency and infringes the User's own rights
(notice-and-take/stay-down procedure).
9.8. If a claim is made against the Operator by a third party or a User
due to one of the violations mentioned in sections 9.1 to 9.7, the User
responsible for the violation undertakes to indemnify the Operator against any
claims. The obligation to indemnify refers to all expenses necessarily incurred
by the Operator as a result of the claim by a third party. The Operator
expressly reserves the right to claim further damages.
9.9. The commercial user shall oblige its employees acting on Hominext in
accordance with its obligations under these GTCU.
10. Rights and duties of the Operator
10.1.The Operator undertakes to
check its own editorial contributions and other services for topicality,
factual correctness, completeness and safety to the best of its ability.
10.2.The Operator investigates
complaints from Users and third parties about breaches of the rules and/or
contract and notifications of any illegal content and decides what measures are
to be taken in the event of breaches of the rules.
10.3.The Operator reserves the
right to check posted information, content, news and messages as well as files
for factual correctness, security and legal admissibility by means of random
checks and suspicion checks on an ad hoc basis (in particular to exclude repeat
cases).
10.4.The Operator reserves the
right to remove posted information, content, news and messages as well as
files, the factual correctness of which is doubtful, which violate legal or
official regulations, the rights of third parties, morality or which are
infected with viruses, after becoming aware of them - whether by self-discovery
or by notice - and depending on the severity of the violation (as a rule with
or (in serious cases) without prior hearing and notice to the posting User),
whether by self-discovery or by notice - and, depending on the severity of the
infringement in question, (as a rule) with or (in serious cases) without prior
hearing and notice to the posting User, to block or remove the posting and to
prevent it from being uploaded again as far as possible
(notice-and-take/stay-down procedure). Claims derived from the removal of such
illegal information or files cannot be asserted against the Operator.
10.5.If the User violates an
obligation pursuant to sections 10.1 to 10.4, the Operator is entitled to
delete the corresponding data or to withdraw access to Hominext in whole or in
part. The same applies in the event of other serious breaches of contract by
the User as well as on the basis of justified complaints by Users or third
parties in accordance with the notice-and-take/stay-down procedure.
10.6.Insofar as the Operator
creates and designs content (User profiles, place offers & tenant offers) on
behalf of the User, the Operator is entitled - unless otherwise agreed - to
access all content (texts, images, graphics, animations, sounds) of the User's
web presences (website, apps, portals) and to use these for the design of the
commissioned entry. Publication shall only take place after express release by
the User.
10.7.The content and technical
design, in particular the form and content of Hominext, are exclusively at the
discretion of the Operator. In this respect, the Operator reserves the right to
discontinue, restrict, expand, supplement or improve all services offered free
of charge at any time.
11. Contract
period; termination
11.1.The usage contract underlying
these GTCU is concluded for an indefinite period and begins with the admission
of the User by the Operator in accordance with section 3.
11.2.The User has the right to
delete his Hominext User account at any time and without giving reasons and
thus also to terminate his User contract. For this purpose, he only has to make
the necessary settings in his profile. It should be noted that after deletion
of the User account, all posted content and data will be deleted or could be deleted
by the Operator and the User will also no longer have access to content already
purchased. If, at the time of deletion of his account, the User is within the
term of a paid subscription or has purchased an additional service which has
not yet been used conclusively, there will be no refund of the remuneration -
not even a pro rata refund.
The Operator is entitled to terminate the User contract including the User
account without giving reasons with a notice period of four (4) weeks in text
form. When exercising the ordinary right of termination, the Operator has the
choice of whether to reimburse the User (pro rata) for the remuneration paid by
the User for subscriptions and/or additional services that have not yet been
terminated or to allow the termination effect of the termination to take effect
at the earliest with the expiry of the service with costs that has been running
the longest.
11.3.The contract periods of
chargeable services and subscriptions are regulated in the Operator's price
list. The User can terminate a paid subscription without giving reasons at any
time with effect from the end of the minimum term or the end of the respective
renewal period by making the appropriate setting in his User profile.
Alternatively, the User can also cancel his subscription by sending an e-mail
to service@hominext.com or by mail. If the fee for a subscription is collected
via Apple Pay, a notice period of 24 hours to the end of the minimum term or to
the end of the respective renewal period applies for technical reasons in
deviation from the above.
The Operator is entitled to terminate a premium User account at the end of the
minimum term or at the end of the respective extension period with a notice
period of four (4) weeks in text form by e-mail to the e-mail address provided
by the User.
11.4.In principle, the User
account shall remain in existence in the event of the ordinary termination of a
subscription.
11.5. Each party has the right to terminate this
contract for good cause without notice. An important reason for the
Operator is in particular:
· the serious breach of the provisions of these GTCU by a User;
· the tortious act of a User or the attempt thereof;
· delay in payment of more than 3 weeks despite reminder;
· the opening of insolvency proceedings against the assets of a User
or the rejection of the corresponding application to open insolvency
proceedings for lack of assets.
11.6.The Operator's right to
withdraw the User's access to Hominext in whole or in part pursuant to clause
9.4 remains unaffected.
12. Guarantee of availability and functionality of services and refund
of consideration; regulations under the DIRL
12.1.Hominext is generally
provided with the quality, including functionality, compatibility,
accessibility, continuity and security, which is usual for digital products of
the same kind and which the User can expect, taking into account the nature of
the digital product. The User has the opportunity to inform himself in detail
about the existing functionalities, compatibility, accessibility, continuity
and security of Hominext before concluding a contract with the Operator against
payment and acknowledges the performance of the services in the manner and to
the extent described as being in accordance with the contract.
12.2.In the event of
non-availability of the service to a considerable extent (> 2%
non-availability) for which the Operator is responsible, the consideration
shall be refunded on a pro rata basis. The availability is calculated on the
basis of the time allotted to the respective calendar month during the term of
the contract minus the scheduled maintenance times and the downtimes which are
not within the Operator's sphere of influence (force majeure, fault of third
parties, etc.). During maintenance work, the aforementioned services may not be
available for a short period of time. The scheduled maintenance work takes
place outside the core working hours (Monday to Friday 08:00 to 18:00 CET).
13. Liability;
limitation of liability
13.1.The Operator shall be liable without limitation for
intent and gross negligence. In the event of breaches of material contractual
obligations caused by slight negligence on the part of the Operator or its
legal representatives or its vicarious agents within the scope of this contract
of use, the Operator's liability towards Users shall be limited to the
foreseeable, direct average damage typical of the contract. An essential
contractual obligation is any obligation which is necessary for the fulfilment
of contractual purposes and on the fulfilment of which the User has relied or
could have relied. In total, liability is limited to a maximum of 100,000 euros
per liability case. Otherwise, liability is excluded.
13.2.Insofar as Hominext provides
access to other websites via links, the Operator is not responsible for the
third-party content contained therein. The Operator does not adopt the
third-party content as its own. Liability for third-party content is excluded.
If the Operator becomes aware of illegal content on external websites, the
Operator will remove the link to these immediately.
13.3.The Operator is not liable
for the factual correctness of data or for the legal conformity of content
posted in Hominext by Users or released to the Operator. The Operator does
not adopt the external content as its own. Reference is made to the possibility
of initiating a notice-and-take/stay-down procedure (clauses 9.4, 10.3, 10.4).
13.4.The above limitations of
liability and exclusions do not apply to claims by Users arising from product
liability. Furthermore, the limitations of liability do not apply to physical
injury and damage to health of Users attributable to the Operator.
14. Data protection
14.1.The Operator has taken
comprehensive technical as well as organisational precautions to ensure the
confidential and exclusively purposeful handling of data. However, the misuse
by unlawful acts of third parties cannot be completely excluded.
14.2.The Operator undertakes to
use the data stored during registration and use solely for its own purposes and
not to pass it on to outside third parties, unless there is an obligation to do
so imposed by the authorities or the User has given his or her express consent,
e.g. by explicitly clicking on a publication button for social networks. This
regulation on the handling of data is substantiated and supplemented by the
data protection notice. In particular, the data protection notice regulates and
explains the extent to which personal data is visible to other Users and what
options the User has to control the disclosure to other Users.
14.3.The Operator undertakes to
oblige its employees who are entrusted with the administration and/or operation
of the Platform to strictly comply with data protection regulations.
14.4.When companies register as
Users, the Operator is entitled, if necessary, to call up creditworthiness
information on the basis of mathematical-statistical procedures from so-called
credit agencies and to receive updated information for the purpose of its own
credit check.
14.5.The Operator is entitled to observe and record the
usage behaviour of Users in order to ensure the proper operation of Hominext
and to combat abuse. Clause 14.2 applies accordingly to such data.
14.6.If the User enters personal
data of another User, he assures that he is entitled to do so. The User is
obliged to inform the User concerned of the transfer of his personal data.
15. Copyrights and
property rights
15.1.The Operator is the owner of
all property rights, intellectual property rights and copyrights with regard to
its own contributions and other own content.
15.2.The uploading User retains
ownership, property rights and copyrights to contributions and content, such as
descriptions of places, photographs, advertisement texts, etc., uploaded by
Users within Hominext for the purpose of retrieval by other Users. To the
extent necessary, the uploading User grants the Operator a simple right of use
for the purpose of retrieval by other Users on Hominext, without the Operator
thereby making the third-party content its own.
15.3.Clause 15.2 shall apply
mutatis mutandis to entries designed by the Operator for Users but released by the
User.
15.4.The User undertakes not to
remove or obscure any copyright notices or other notices of the Operator or
other Users regarding such rights contained on Hominext.
16. General
16.1.The law of the Federal
Republic of Germany shall apply exclusively to the exclusion of the reference
norms of international private law (IPR) and the United Nations Convention on
Contracts for the International Sale of Goods (CISG). The exclusive place of
jurisdiction is Bonn in the Federal Republic of Germany, insofar as the User is
a merchant or a public corporation. In addition, the Operator is entitled and,
in the case of consumers, obliged to bring an action at the User's general
place of jurisdiction.
16.2.In case of doubt, the German
text of these GTCU and its components shall take precedence over translations
into other languages.
16.3.The invalidity of one or more
provisions of this contract shall not affect the validity of the rest of this
contract.
16.4.The supplementary components
of these GTCU can all be accessed in the public area of Hominext.
16.5.These GTCU supersede and
replace all previous GTCU. The Operator shall notify the User of any further
amendments to these GTCU in text form by e-mail. If the User does not object to
such amendments within 14 days of receipt of the notification, the amendments
shall be deemed to be agreed, provided the User has explicitly agreed to the
amended terms and conditions by pressing a button or continues to use the
services provided by the Operator. The User shall be informed separately of the
right to object and the legal consequences of silence in the event of an
amendment to these GTCU.
B.
Consumer information/information in electronic
commerce for distance contracts on the use of Hominext
Insofar as you make use of Hominext by
means of other means of distance communication, we would like to draw your
attention to the following:
(1)
Operator identity:
cerebo GmbH
Kurfürstenallee 5
53177 Bonn
Tel.: +49 (0) 228 763631-0
E-Mail: contact@hominext.com
Managing Director:
Majid Vesal Azad
Register Court: Local Court Bonn
Register Number: HRB 23644
(2)
The language available for the conclusion of the
contract is German and English.
(3)
Please refer to the individual service
descriptions and the price list within Hominext (web portal or mobile app) for
the essential features of the services we offer and the period of validity of
limited offers.
(4)
You have the option of registering for our
services and then selecting individual services, service packages or
subscriptions by clicking the mouse or pressing a button. As long as you have
not yet placed a binding order for the respective selected individual services,
service packages or subscriptions by clicking the button "order subject to
payment" on the last page of the registration and order process in
accordance with § 145 BGB (German Civil Code), you have the option at any time
to expand, change or delete your selection. A contract is concluded upon
completion of the registration process and/or ordering of services.
Subsequently, you will receive an order and registration confirmation by
e-mail. This e-mail will contain a link to confirm your registration as well as
the terms and conditions, this consumer information incl. cancellation policy
(section 16) and the sample cancellation form in file form.
(5)
You can identify any input errors when placing
your order in Hominext during the final confirmation and correct them at any
time using the delete and change function before sending the order.
(6)
When registering via mobile apps, the conclusion
of the usage contract depends on the rules of the app store provider. As a
rule, the contract is concluded when you click on the install field in the
respective app store and, if required, enter your password for the respective
app store. The use of the Hominext App nevertheless requires the opening of a
Hominext user account independent of the respective app store.
(7)
By logging in via social networks such as Facebook
Connect, you can authenticate yourself so that further registration is usually
not necessary - the usage contract comes into effect when the Facebook Connect
log-in process is completed.
(8)
If you purchase individual services, service
packages or subscriptions via a mobile app, the contract is concluded when you
click on the "Buy now" field or a comparable field as part of an
in-app purchase and, if required, enter your password for the respective app
store.
(9)
When purchasing additional services by paying a
one-off amount, we collect the remuneration at the time of conclusion of the
contract. When purchasing a subscription, the remuneration is collected in
advance for the respective minimum term at the time of conclusion of the
contract. If the subscription is automatically extended, we will collect the
fee in advance at the beginning of the respective extension period. This does
not apply if the fee is collected via iTunes; in this case, the fee is already
collected 24 hours before the start of the respective billing period.
(10)
We will offer you various payment methods for
the payment of services via our web portal. Insofar as you purchase chargeable
individual services, service packages or subscriptions via a mobile app, the
payment of our remuneration is based on the payment modalities and information
deposited by you in the respective app store.
(11)
The activation of the functionality resulting
from the purchase of individual services, service packages or subscriptions
shall take place immediately after successful collection of our remuneration.
(12)
The prices stated by us are final prices
including taxes within the Federal Republic of Germany.
(13)
If a service or benefit you have ordered is not
available, we reserve the right not to provide the service or benefit.
(14) You can address any complaints to Hominext Customer Support at any
time. Alternatively, you may contact us by email, letter or telephone during
our business hours. We will then contact you within a reasonable time.
(15)
Liability for defects shall be governed by
Sections 12 and 13 of our General Terms and Conditions as well as by the
statutory provisions.
(16) Right of withdrawal:
Consumers have the following right of
withdrawal, whereby a consumer is any natural person who enters a legal
transaction for purposes that are predominantly neither commercial nor
self-employed. You have the right to withdraw from this contract within 14 days
without giving any reason. The withdrawal period will expire after 14 days from
the day of the conclusion of the contract. To exercise the right of withdrawal,
you must inform us:
cerebo GmbH
Kurfürstenallee 5
53177 Bonn
Tel.: +49 (0) 228 763631-0
Website: www.hominext.com
E-Mail: contact@hominext.com
of your decision to withdraw from this
contract by an unequivocal statement (e.g. a letter sent by post, fax or
e-mail). You may use the attached model withdrawal form, but it is not
obligatory.
To meet the withdrawal deadline, it is
sufficient for you to send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired.
Effects
of withdrawal:
If you withdraw from this contract, we
shall reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from your
choice of a type of delivery other than the least expensive type of standard
delivery offered by us), without undue delay and in any event not later than 14
days from the day on which we are informed about your decision to withdraw from
this contract. We will carry out such reimbursement using the same means of
payment as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of such
reimbursement.
If you have requested that the services
begin during the withdrawal period, you must pay us a reasonable amount
corresponding to the proportion of the services already provided up to the time
you notify us of the exercise of the right of withdrawal in respect of this
contract compared to the total scope of the services provided for in the
contract.
Expiry
of the right of withdrawal:
The right of withdrawal also expires in
the case of a contract for the provision of services if we have provided the
service in full and have only started to provide the service after you have
given your express consent to this and at the same time confirmed your
knowledge that you lose your right of withdrawal when the contract has been
fulfilled by us in full.
Other
important notes:
You expressly agree that we may commence
the performance of the service before the end of the withdrawal period. Thus,
your right of withdrawal expires upon complete fulfilment of the contract.
Exclusion
of the right of withdrawal:
The right of revocation against us does
not apply with regard to such contracts that are not concluded between the User
and the Operator, but between the User and a third party, e.g. another User.
Any rights of revocation in this respect can only be asserted against the third
party.
Model
withdrawal form:
If you wish to withdrawl the contract,
you can fill in this form and return it to us:
cerebo GmbH
Kurfürstenallee 5
53177 Bonn
Tel.: +49 (0) 228 763631-0
Website: www.hominext.com
E-Mail: contact@hominext.com
|
Sample revocation form
If you wish to cancel the contract,
please complete this form and return it to:
cerebo GmbH E-Mail: contact@hominext.com
Kurfürstenallee 5
53177 Bonn
- I/we (*) hereby give notice that I/we
(*) withdraw from my/our (*) contract of sale of the following goods (*)/for
the provision of the following service (*)
______________________________________
______________________________________
______________________________________
- Ordered on (*)/received on (*):
_____________________________
- Name of consumer(s): _____________________________
- Address of consumer(s): _____________________________
____________________
Signature of the consumer(s)
Date ___________________________
(*) Delete as appropriate
|
(17)
The data required for the processing of the
contract between you and us will be stored by us. The contract and activity
data remain retrievable for you. In this respect, we refer additionally to the
regulations of our data protection notice.
(18)
You can print out this information, the General
Terms and Conditions of Use, the data protection notice and all other
information via our web portal or save it in reproducible form: You print out
the respective page with your browser by selecting the "Print"
function in the main menu of your browser. You can save the respective page by
selecting the "Save as" function in the main menu of your browser. In
addition, all contractual provisions will be saved by us. We will also be happy
to send you the contractual provisions by e-mail on request.
(19)
Please also note the notes and information on data protection.
(20)
Please note the supplementary notes and
information on our notice-and-take/stay-down procedure.
(21)
The EU Commission provides an internet platform
for online dispute resolution (so-called "ODR platform"). The ODR
platform can be accessed via the following link: http://ec.europa.eu/consumers/odr
(22)
We are not obliged and not willing to
participate in dispute resolution proceedings before a consumer arbitration
board.
(23)
We are not subject to any special codes of
conduct not mentioned above.
Status: Februar 2021
Responsible: cerebo GmbH