Preamble
By logging on to Organisemee, users accept the following General Terms and Conditions (hereinafter the 'GTC') for using Organisemee.
Organisemee operates Organisemee services under various top-level domains (organismee.com, organisemee.de etc.), as well as various sub-domains and aliases of these domains. All websites on which Organisemee provides Organisemee Services are hereinafter referred to as 'Organisemee Websites'
These GTC shall govern the contract relationship between the User and Organisemee, irrespective of which Organisemee Website the User is registered with or logged on to.
The User enters into this agreement on the use of Organisemee Services with Organisemee UG, Hauptmannsreute 65, 70193 Stuttgart. Additional contact information,
commercial registry data, as well as the name of the authorized representative of Organisemee UG can be found under 'About this site'.The services provided by Organisemee are intended exclusively for persons above 13 years.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the 'Terms of Use' link that appears on all Organisemee Websites.
1. Subject Matter
1.1 The Organisemee Websites offer registered users a free private platform for the management of tasks. Every registered user can create, change and delete both tasks as well as task lists. Additionally, the Organisemee Websites offer registered users the possibility to collaborate with other registered users. As a prerequisite, two registered users need to accept each other as contacts within the Organisemee platform. Then they are able to assign each other tasks, which will become tasks of the receiving user when he has accepted the assignment. Both in the course of establishing the contact relationship as well as during the collaboration, the Organisemee Websites offer the functionality, that both registered users can exchange messages over the Organisemee platform.
1.2 Any use of the services and contents offered on the Organisemee Websites beyond the scope of options provided by Organisemee requires the prior written consent of Organisemee.
1.3 Organisemee shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. Organisemee is entitled to remove any illegal or prohibited data and/or information from Organisemee Websites without prior notice to the User.
1.4 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Organisemee Websites. Organisemee shall nonetheless endeavour to keep Organisemee Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Organisemee's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on Organisemee Websites.
1.5 Organisemee merely provides the User with a platform on which to establish contact with, and collaborate with other users, and only provides those technical applications that allow users to contact one another or collaborate with each other. As regards content, Organisemee does not take part in any communication or collaboration between users. If users enter into agreements with one another over Organisemee Websites, Organisemee shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. Organisemee shall not be held liable if users are unable to contact one another over Organisemee Websites regarding such agreements. Furthermore, Organisemee shall not be liable for breaches of duty in relation to agreements entered into between users.
2. Registration, and Representations and Warranties upon Registration
2.1 The User must register prior to using any of the services on the Organisemee Websites.
2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to Organisemee without undue delay.
The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is of legal age at the time of registration.
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. Organisemee shall not disclose the password to any third party and Organisemee shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the Organisemee Websites. Organisemee accepts this offer by activating the membership for the use of services on Organisemee Websites. The agreement takes effect with the aforementioned acceptance by Organisemee.
2.6 Each User is entitled to register with Organisemee only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for Organisemee to determine with certainty whether any user registered with Organisemee is in fact the person he or she represents to be. Therefore, Organisemee assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
3. Right of cancellation for consumers
If you as a User are registered at Organisemee for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of Par. 13 of the BGB (German Civil Code):
3.1 Right of cancellation
You may cancel your contractual agreement with Organisemee in writing (e.g., by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins upon receipt of these instructions, but not before the contract has been executed, and also not prior to our fulfillment of our informational duties as per Par. 312c (2) BGB in connection with Par. 1 (1, 2 and 4) BGB InfoV, as well as our duties as per Par. 312e (1) line 1 BGB in connection with Par. 3 BGB InfoV. The contract can be canceled by sending timely notification to:
Organisemee UG Hohenstaufenweg 15 76337 Waldbronn Email: support_en@organisemee.com
You may also deliver notice of termination using the contact form available at all Organisemee Websites.
3.2 Consequences of cancellation
In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.
3.3 Premature lapse of the right of cancellation
In accordance with Par. 312d Par. 3 BGB (German Civil Code), the User's right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.
4. Obligations of the User
4.1 The User is obliged,
4.1.1 To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.
4.1.2 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or Organisemee personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products that do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user (cf. Par. 7 of the German Unfair Competition Act)
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
4.1.3 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
Sending chain letters
Sending identical private messages to more than one (1) user at the same time
Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or
Communicating in any insinuating or sexual way (suggestive or explicit).
4.2 The User is prohibited from the following:
Employing any mechanisms, software or scripts when using Organisemee Websites. However, the User may use the interfaces or software provided by Organisemee within the scope of the services available on the Organisemee Websites.
Blocking, overwriting, modifying and copying of any contents of the Organisemee Websites, unless said actions are necessary for the proper use of the services on the Organisemee Websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Websites of Organisemee or any other user
Performing any actions that may impair the operability of Organisemee's infrastructure, particularly actions that may overload said infrastructure.
5. Changes to the Services on Organisemee Websites
Organisemee reserves the right to modify the services offered on the Organisemee Websites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
6. Term and Termination of Membership, Reimbursement of Advance Payments
6.1 The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all Organisemee Websites at any time. The termination notice shall include the User's registered name and an email address of the User registered on one of the Organisemee Websites.
6.2 A good cause is defined as an event which makes it unacceptable for Organisemee to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of Organisemee against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions
If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these GTC
If the reputation of the services offered on the Organisemee Websites is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s)
If the User is a member of a religious sect or a denomination that is controversial in Germany.
6.3 In the event of a good cause in accordance with section 6.3 and notwithstanding Organisemee's right to terminate the contract in accordance with section 6.3, Organisemee is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the Organisemee Websites.
7. Responsibility for the User's Content, Data or other Information
7.1 Organisemee does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Organisemee Websites or on any external websites linked to them. In particular, Organisemee does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
7.2 The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all Organisemee Websites.
8. Customer Service/Support
Queries regarding agreement with Organisemee or regarding Organisemee Services can be sent by the customer to Organisemee using the contact form available at all times on all Organisemee Websites.
9. Liability of Organisemee
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Organisemee (including its vicarious agents) shall exist only if Organisemee breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by Organisemee's business liability insurance, provided the insurance company has effected payment to Organisemee. Organisemee undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act. Furthermore, the above liability exclusions and limitations shall not apply in the event of the assumption of express guarantees by Organisemee or its vicarious agents, or given the lack of promised features.
10. Indemnity
10.1 The User shall indemnify and exempt Organisemee from all actions, including damage claims, asserted by other users or third parties against Organisemee resulting from an infringement of their rights by the contents posted by the User on Organisemee Websites. Furthermore, the User shall indemnify and exempt Organisemee from all actions, including damage claims, asserted by other users or third parties against Organisemee resulting from an infringement of their rights regarding the use of the services on Organisemee Websites by the User. The User assumes all reasonable costs Organisemee incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by Organisemee, are hereby unaffected. The User has the right to prove that Organisemee incurred lesser charges than claims made.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
10.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at Organisemee's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of Organisemee Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Organisemee.
11. Data Protection
Organisemee recognizes that any data provided by the User to Organisemee is extremely important to the User, and Organisemee shall therefore be particularly sensitive in handling such data. Organisemee shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, Organisemee shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on Organisemee's treatment of the User's data are set forth in the Data Protection Policy of Organisemee accessible from each of the Organisemee Websites.
12. Final Provisions
12.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
12.2 Organisemee reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Organisemee shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within six (6) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. Organisemee shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
12.3 Unless otherwise stated in these GTC, the User may submit all notices to Organisemee using the contact form provided on each of the Organisemee Websites. Organisemee may send notices to the User by email, fax or post to the addresses given in the User's current contact data in his or her user account.
12.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12.5 The place of performance under these GTC shall be Organisemee's main place of business.
12.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Organisemee.
12.7 These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.