General Standard Business Terms for Users
The Project Expat GmbH, Lechanger 8, 86899 Landsberg am Lech, Germany ( “We”, “Us” or “Our”) operates the website project-expat.com (“Website”) and an app available under iOS and Android with the name Project Expat (“App”) free of charge for any user (“User”), but not for service providers.
The following standard business terms (“Terms”) are applicable between Us and a User of the Website or App (together the “Offering”).
Deviating, conflicting or supplementary standard terms of the User shall only become part of the contract if and to the extent that We have expressly agreed to their validity.
⦁ Eligible use
Persons of legal age are eligible to use the Offering, but no User has a right of use.
⦁ User accounts
A User may choose to register for an account on the Offering. Some functionality of the Offering is only available to registered Users. When registering for an account, a User confirms to be eligible pursuant to Section 2. The User is obligated to provide correct and complete information when registering and not to violated any rights of third parties.
⦁ Obligations of the User
The User agrees not keep the password associated with the User’s account (if any) strictly confidential and to inform Us immediately upon becoming aware of any unauthorized access of the User’s account. We reserve the right to restrict or block access to the Offering.
The User further agrees not to use systematically gather information from the Offering to replicate the Offering or to commercially make use of the gathered information. The use of the Offering to read out, store or pass on personal data of other Users for purposes other than the intended use of the Offering is prohibited. As a matter of principle, a User shall treat any information about other Users that becomes known to him or her as well as communication content confidentially.
The User is prohibited to use the Offering to advertise in any form to other Users or third parties. This also applies to the setting of corresponding links.
In order to avoid data loss, backup copies of all content that the Users publishes or makes accessible (e.g. ratings) or receives at the Offering must be saved on the Users own computer system.
⦁ No conclusion of contract via the Offering
The presentation or advertisement of services or service providers via the Offering does not constitute an offer to conclude a contract with the User. When the User visits a service provider’s web presence or otherwise contacts a service provider, the respective service provider is solely responsible for any contract concluded with the User.
We shall be liable to the User in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, limb and health as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us as well as in accordance with the Product Liability Act (in German: Produkthaftungsgesetz).
We shall also be liable in the event of a slightly negligent breach of an essential contractual obligation. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the User regularly relies and may rely. In these cases, however, Our liability shall be limited to compensation for the foreseeable damage typical for the contract.
Otherwise, liability for damages and reimbursement of expenses – irrespective of the legal grounds – shall be excluded.
The above provisions shall also apply in favor of Our legal representatives and vicarious agents if claims are asserted directly against them.
⦁ Extent of the services
There is no entitlement to the provision of certain services of the Offering. We give no assurances as to a certain scope of services or the error-free and uninterrupted availability of the services offered; this applies in particular to the availability of certain areas within the Offering.
⦁ Change or discontinuation without prior notice
We reserve the right to change parts of the Offering or the Offering as a whole without prior notice or to discontinue the Offering temporarily or permanently. Users shall not be entitled to any claims arising from this.
⦁ Rating and commenting
We generally allow Users to rate and comment on services or service providers on the Offering. We reserve the rights to in whole or in part disable or delete this functionality and Users are not entitled to be able to use this functionality.
The responsibility for content published by a User using this functionality lies exclusively with this User. The User is obligated not to violate any applicable legal provisions when using this functionality. In particular, the User shall ensure that the rating or comment does not infringe the rights of third parties (e.g., copyrights, trademark rights or personal rights); the inclusion of copyrighted content, for example, is expressly prohibited if the user has not been granted the necessary rights of use by the rights holder. In addition, the User must ensure to not publish or make accessible any content that is prohibited under the German Criminal Code, such as insults and other defamatory statements, or violate the provisions for the protection of minors.
External content may be linked via the comment function. The links may not refer to content that violates applicable legal provisions; the previous paragraph shall apply accordingly. To this end, the User must carefully check content that is directly referred to by external links and also subsequent content, insofar as the directly linked content gives rise to the suspicion that subsequent content may violate applicable legal regulations. In all other respects, the comments are to be designed in such a way that Our reputation and appearance are not negatively affected. The question of whether the reputation or appearance is impaired shall in particular take into account the freedom of opinion protected by fundamental rights as well as the freedom of information of the User.
We reserve the right to temporarily or permanently disable, restrict or delete any rating or comment unless prohibited by law.
If the User has registered an account on the Offering, the User may terminate the account and registration at any time without notice by deleting the account on the Offering of by sending an e-mail to Us.
We reserve the right to terminate the account and registration of any User without giving a reason with a notice period of two weeks.
The right to terminate without notice for good cause shall remain unaffected.
In the event of termination, We shall be entitled to block and delete the respective account and all content of the registered User.
The available language for these Terms and for the usage contract between the User and Us is English.
⦁ Amendment of the Terms
We reserve the right to amend these Terms in part or in full at any time if there is a gap in these Terms or clauses therein or if the original relationship between performance and consideration is disrupted, provided that the User is not unreasonably disadvantaged as a result. This is the case in particular if the changes are without economic disadvantages for the User, such as an adjustment of the Terms to changed registration procedures as well as to changed functionalities or services. The User will be informed about the changes in due time by email or when logging in, before the new Terms come into force; in doing so, we will observe a reasonable period of time. If the changes are not acceptable to the User, the User may terminate the registration at any time. The User will be deemed to have accepted the changes if the User continues to use the Offering after the effective date of the changes. The User will be notified separately of these legal consequences.
⦁ Dispute resolution
We are required by law to refer you to the European Commission’s European Online Dispute Resolution (ODR) platform, which you can access at http://ec.europa.eu/odr. Our email address is: firstname.lastname@example.org
We do not participate in a dispute resolution procedure before a consumer arbitration board and we are not obligated to do so.
⦁ Governing law and closing provisions
The governing law is the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German private international law. The exclusive place of jurisdiction for all disputes arising from the usage of the Offering is Munich.
If any provision of these Terms is or becomes invalid in whole or in part, the remaining provisions shall remain unaffected.