By logging on to Organiseme, users accept the following General Terms and Conditions (hereinafter the 'GTC') for using Organiseme.
Organiseme operates Organiseme 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 Organiseme provides Organiseme Services are hereinafter referred to as 'Organiseme Websites'
These GTC shall govern the contract relationship between the User and Organiseme, irrespective of which Organiseme Website the User is registered with or logged on to.
The User enters into this agreement on the use of Organiseme Services with Organiseme UG, Hauptmannsreute 65, 70193 Stuttgart. Additional contact information, commercial registry data, as well as the name of the authorized representative of Organiseme UG can be found under 'About this site'.
The services provided by Organiseme are intended exclusively for persons above 13 years.
1. Subject Matter
1.1 The Organiseme 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 Organiseme 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 Organiseme 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 Organiseme Websites offer the functionality, that both registered users can exchange messages over the Organiseme platform.
1.2 Any use of the services and contents offered on the Organiseme Websites beyond the scope of options provided by Organiseme requires the prior written consent of Organiseme.
1.3 Organiseme 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. Organiseme is entitled to remove any illegal or prohibited data and/or information from Organiseme 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 Organiseme Websites. Organiseme shall nonetheless endeavour to keep Organiseme Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond Organiseme'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 Organiseme Websites.
1.5 Organiseme 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, Organiseme does not take part in any communication or collaboration between users. If users enter into agreements with one another over Organiseme Websites, Organiseme 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. Organiseme shall not be held liable if users are unable to contact one another over Organiseme Websites regarding such agreements. Furthermore, Organiseme 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 Organiseme 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 Organiseme 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. Organiseme shall not disclose the password to any third party and Organiseme 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 Organiseme Websites. Organiseme accepts this offer by activating the membership for the use of services on Organiseme Websites. The agreement takes effect with the aforementioned acceptance by Organiseme.
2.6 Each User is entitled to register with Organiseme only once, and the User may only establish one (1) user profile.
2.7 It is technically impossible for Organiseme to determine with certainty whether any user registered with Organiseme is in fact the person he or she represents to be. Therefore, Organiseme 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 Organiseme 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 Organiseme 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:
Organiseme UG Hohenstaufenweg 15 76337 Waldbronn Email: firstname.lastname@example.org
You may also deliver notice of termination using the contact form available at all Organiseme 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 Organiseme 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 Organiseme Websites. However, the User may use the interfaces or software provided by Organiseme within the scope of the services available on the Organiseme Websites.
Blocking, overwriting, modifying and copying of any contents of the Organiseme Websites, unless said actions are necessary for the proper use of the services on the Organiseme 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 Organiseme or any other user
Performing any actions that may impair the operability of Organiseme's infrastructure, particularly actions that may overload said infrastructure.
5. Changes to the Services on Organiseme Websites
Organiseme reserves the right to modify the services offered on the Organiseme 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 Organiseme 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 Organiseme Websites.
6.2 A good cause is defined as an event which makes it unacceptable for Organiseme 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 Organiseme 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 Organiseme 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 Organiseme's right to terminate the contract in accordance with section 6.3, Organiseme is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the Organiseme Websites.
7. Responsibility for the User's Content, Data or other Information
7.1 Organiseme does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the Organiseme Websites or on any external websites linked to them. In particular, Organiseme 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 Organiseme Websites.
8. Customer Service/Support
Queries regarding agreement with Organiseme or regarding Organiseme Services can be sent by the customer to Organiseme using the contact form available at all times on all Organiseme Websites.
9. Liability of Organiseme
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against Organiseme (including its vicarious agents) shall exist only if Organiseme 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 Organiseme's business liability insurance, provided the insurance company has effected payment to Organiseme. Organiseme 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 Organiseme or its vicarious agents, or given the lack of promised features.
10.1 The User shall indemnify and exempt Organiseme from all actions, including damage claims, asserted by other users or third parties against Organiseme resulting from an infringement of their rights by the contents posted by the User on Organiseme Websites. Furthermore, the User shall indemnify and exempt Organiseme from all actions, including damage claims, asserted by other users or third parties against Organiseme resulting from an infringement of their rights regarding the use of the services on Organiseme Websites by the User. The User assumes all reasonable costs Organiseme incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by Organiseme, are hereby unaffected. The User has the right to prove that Organiseme 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 Organiseme'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 Organiseme Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by Organiseme.
11. Data Protection
Organiseme recognizes that any data provided by the User to Organiseme is extremely important to the User, and Organiseme shall therefore be particularly sensitive in handling such data. Organiseme 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, Organiseme shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on Organiseme's treatment of the User's data are set forth in the Data Protection Policy of Organiseme accessible from each of the Organiseme 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 Organiseme reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. Organiseme 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. Organiseme 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 Organiseme using the contact form provided on each of the Organiseme Websites. Organiseme 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 Organiseme's main place of business.
12.6 Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Organiseme.
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.