Terms of Service
General terms and conditions of onEcoThese GTC are applicable to
the use of the service and access to this application, and
any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant
section of this document.
Users are requested to take careful note of this document.
These GTC do not establish a working agency or partnership relationship
between the parties involved.
This application is offered by:
onEco GmbH
Friedrichstraße 171
10117 Berlin
Germany
Provider email address: [email protected]
'This application' refers to
this website, including its subdomains and any other website through
which the Provider makes the Service available;
the application program interfaces (API);
the service;
any applications, sample and content files, source code, scripts, command
sets or software included as part of the Service, and related
documentation;
The most important at a glance
It should be noted that individual provisions of these GTC may only be
relevant for certain categories of users, for example, only for consumers or
only for users who are not acting as consumers. Any such restrictions on
the scope of application shall be expressly referred to in each clause
concerned. In the absence of such reference, the clause shall apply to all
users.
The right of withdrawal is only available to European consumers.
Access to this Application and the Service is age-restricted and available
only to Users of legal age in accordance with applicable law.
Minors may only access this application and use the Service under the
supervision of their parents or an adult.
This application automatically renews product subscriptions. For
information on the a) renewal period, b) cancellation and c) cancellation
letter, please refer to the relevant section of these TOS.
Important: For consumers who are resident in Germany, other rules apply,
which are described in the relevant section of these GTC.
TERMS OF USE
Unless otherwise specified, the conditions listed in this section apply when
accessing this application.
Individual or additional terms of use or access may apply in certain
circumstances and, in such cases, are expressly identified in this
document.
By using the Service, Users confirm to comply with the following
conditions:
Users can be consumers or business customers;
Users must be of legal age under the applicable law;
Minors may use this application only under the supervision of parents or
an adult.
Account creation
In order to use the service, users must register or create a user account by
providing all data or information required for this purpose completely and
truthfully.
The service is only available to registered users.
The user must ensure that the access data is kept confidential and secure.
For this reason, the user must also choose a password that meets the
highest security requirements possible via this application.
Upon registration, users agree to be responsible for all actions taken in
connection with their username and password.
Users are required to notify the Provider immediately and unambiguously
via the contact details provided in this document if they believe that their
personal information, including user accounts, access data or personal
data, has been breached, unlawfully disclosed or stolen.
Termination of the user account
User accounts can be deleted at any time as follows:
By contacting the provider directly using the contact details provided in
this document.
Blocking and deletion of the user account
The Provider reserves the right, at its sole discretion, to block or delete
user accounts that it deems inappropriate or offensive, or that it deems to
be in violation of these TOS, at any time and without notice.
Due to the blocking or deletion of user accounts, the user shall not incur
any claims for damages, indemnification or reimbursement.
The blocking or deletion of accounts for reasons for which the user is
responsible does not release the user from the obligation to pay agreed
fees or prices.
Content available through this application
Unless otherwise stated or clearly identifiable, all content available
through this application is owned and provided by the provider or its
licensors.
The provider makes every effort to exclude that the content provided via
this application violates applicable legislation or third party rights.
However, it is not always possible to achieve this result.
In such cases, users are requested to preferably address their complaint to
the contact details provided in this document. The right to enforce any
claims (out of) court remains unaffected.
Rights to the content available through this application
All rights to the content are reserved by the provider.
Users may only use the content to the extent that this is necessary or -
even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute
beyond the limits defined below, edit, translate, modify, transform,
publish, transfer to or license to third parties, or enable third parties - even
without the user's knowledge - to perform said actions via their own
device.
Where expressly indicated through this Application, the User may
download, reproduce and/or distribute selected Content available through
this Application for personal and non-commercial purposes only, provided
that the copyright notices and any other notices required by the Provider
are properly affixed.
Statutory limits or exceptions remain unaffected.
User content
Users have the ability to upload, share or provide their own content on this
application.
By uploading, sharing or providing their content as described, users
warrant that they are authorized to do so and that they are not violating
any laws or third party rights.
Rights to content from users
By uploading their own content to this application, users grant the
provider a non-exclusive and royalty-free right to use and process the
content in order to operate and maintain this application as contractually
provided.
To the extent permitted by law, users waive the exercise of any moral
rights in connection with content submitted to this application.
Users acknowledge, accept and confirm that all Content they make
available through this Application is made available under the same
general terms and conditions applicable to other Content made available
through this Application.
Liability for user content
Users are responsible for content they upload to or post, share or make
available through this application. Users acknowledge and accept that the
Provider does not filter or moderate such content.
Therefore, the Provider reserves the right to remove, delete, block or
correct such content at its sole discretion and to deny the uploading user
access to this application without prior notice:
if a complaint is received in connection with the uploaded content;
if an infringement of exclusive property rights is indicated;
on the basis of an official order; or
if the Provider is advised that the availability of the Content via this
Application may adversely affect Users, third parties and/or the availability
of the Service.
Due to the removal, deletion, blocking or correction of content, the user
responsible for the content concerned shall not incur any claims for
damages or reimbursement.
Users agree to hold the Provider harmless from any claims and/or
damages arising out of or in connection with any content they provide
through this application.
Access to external resources
Users may be able to access external resources provided by third parties
through this application. Users acknowledge and accept that the Provider
has no control over such resources and is therefore not responsible for
their content and availability.
The terms and conditions under which such resources provided by third
parties are available and under which rights to use such content, if any,
are granted are governed by the contractual terms of each third party or,
in the alternative, by applicable law.
Permitted use
This Application and the Service may only be used as intended and in
accordance with these GTC and any applicable legal requirements.
Users are responsible for ensuring that their access to this application
and/or use of the Service does not violate any laws, regulations or third
party rights.
Therefore, the Provider reserves the right to take all appropriate measures
to protect its legitimate interests, such as denying Users access to this
Application or the Service, terminating contracts, reporting objectionable
acts taking place through this Application or the Service to the competent
authorities - such as judicial or administrative authorities - if Users prove
or presumably:
violate legal regulations, ordinances or these GTC; or
infringe the rights of third parties; or
substantially prejudice the legitimate interests of the provider; or
offend the provider or a third party.
Software license
All rights to the software or the technical solutions on which this
application is based, or which are embedded in, integrated into or
connected with it, are the exclusive property of the Provider and/or its
licensors.
Subject to the condition that the User complies with these GTC and
notwithstanding any deviating provisions of these GTC, the Provider grants
the User only a freely revocable, non-exclusive, non-sublicensable and
non-transferable right to use the Software and/or other solutions
integrated into the Service within the scope and for the purposes of the
intended use of the Service offered.
Users are in particular not granted any right to access the source code or
to use or pass on the source code. Rights to all processes, algorithms and
technical solutions contained or integrated in the software and all
associated documentation are the exclusive property of the provider or its
licensors.
All grants of rights and licenses shall automatically lapse upon termination
of the agreement - for whatever reason.
API Terms of Use
Users may access their data related to this Application through the API
interface (API). Any use of the API, including use of the API through a third
party product/service, is subject to these TOS and the following additional
terms:
The User acknowledges and expressly accepts that the Provider shall not
be liable for any damages or losses resulting from the User's use of the API
or the use of any third party products/services that access data through
the API.
TERMS OF SALE
Chargeable products
Some of the products available through this application as part of the
service are subject to a fee.
Prices, terms and other conditions applicable to the purchase of such
products are described below. In all other respects, reference is made to
this application and to the respective sections provided therefor.
Product description
Prices, descriptions and availability of the products can be viewed in the
appropriate areas through this application and are subject to change
without notice.
Although products are represented through this application with the
greatest possible technical care, representations of any kind (including
graphic representations, images, colors, sounds) are for reference only
and do not constitute a warranty as to the characteristics of the purchased
product.
The features of the selected product will be explained during the purchase
process.
Purchase process
All steps from choosing a product to placing an order are part of the
purchase process.
The purchase process includes the following steps:
The user selects the desired product from the range and checks his own
product selection.
After checking the details of the product selection, the user can place the
order by submitting it to the provider.
Order task
When the user places an order, the following applies:
Upon placing the order, the contract is concluded. Placing the order
therefore creates the obligation for the user to pay the price, taxes and
any other fees and expenses according to the information on the order
page.
If the purchased product requires the active input of information, such as
personal information or data, specifications or special requests, the
placing of the order shall constitute an obligation on the part of the user to
cooperate accordingly.
After placing the order, users will receive a confirmation of receipt.
All notifications related to the described purchase process will be sent to
the e-mail address provided by the user for this purpose.
Prices
Users will be informed of all fees, taxes and charges (including any
shipping charges) to be paid by them during the checkout process and
before placing the order.
The prices are displayed via this application as follows:
either exclusive or inclusive of all applicable fees, taxes and charges,
depending on which section the user is currently in.
Payment methods
Information on accepted payment methods will be provided during the
checkout process.
Some payment methods may only be available against additional
conditions or fees. In these cases, you can find the relevant information in
the relevant section of the service (this application).
All payments are processed via third-party providers. Therefore, this
application does not collect any payment information - such as credit card
details - but only receives a notification when the payment is successfully
completed.
If the payment through the available methods fails or is refused by the
payment service provider, the provider is not obliged to fulfill the order.
Any costs or fees resulting from the failed or refused payment shall be
borne by the User.
Maintenance of the rights of use
Users do not acquire any rights to use the purchased product until the full
purchase price has been received by the Provider.
Delivery
Provision of services
The purchased service shall be provided or made available within the time
period specified via this application, or as notified prior to the placement
of the order.
Contract period
Subscriptions
Subscriptions allow users to receive a product continuously or regularly
over a period of time. Details on the type of subscription and how to
cancel are listed below.
Subscriptions with fixed term
Paid subscriptions with a fixed term begin on the day payment is received
by the provider and have the term selected by the user or specified when
the order is placed.
After the subscription period expires, the product is no longer accessible.
Automatic renewal of fixed-term subscriptions
Subscriptions are automatically renewed using the payment method
selected by the user at the time of purchase.
The renewed subscription is valid for the same term as the original
subscription.
Cancellation
Subscriptions may be terminated by sending a clear and unambiguous
notice of termination to the Provider. For this purpose, users shall use the
contact details provided in this document, or - if possible - the
corresponding controls provided via this application.
If the cancellation letter is received by the provider before the subscription
is renewed, the cancellation will take effect at the end of the current term.
Exemption for consumers resident in Germany
Notwithstanding the foregoing, however, the following shall apply if the
User is a resident of Germany and qualifies as a consumer:
After expiration of the initial term, the subscription is automatically
renewed for an unlimited period of time, unless the user cancels before
the end of this term.
The fee due at the time of renewal will be charged via the payment
method selected by the user at the time of purchase.
After renewal, the subscription runs indefinitely and can be canceled
monthly.
Cancellation
Renewed subscriptions may be terminated at any time by sending a clear
and unambiguous notice of termination to the Provider. For this purpose,
users shall use the contact details provided in this document, or - if
possible - the corresponding controls provided via.
If the cancellation letter is received by the provider at least 7 days before
the end of the current month, the subscription will expire at the end of the
month in question.
User rights
Right of withdrawal
Unless there are exceptions, the user may revoke the contract within the
period specified below (usually 14 days) without giving any reason. In this
section, users can learn more about the terms of withdrawal.
For whom the right of withdrawal applies
Under EU law, European consumers have a statutory right of withdrawal
from contracts concluded online (distance contracts). They may withdraw
from the contract within the period applicable to their case for any reason
and without justification. This right of withdrawal applies unless exceptions
are listed below.
For users who are not acting as European consumers, the rights set forth
in this section do not apply.
Exercise of the right of withdrawal
In order to exercise his right of revocation, the User must send the
Provider an unambiguous declaration stating his decision to revoke.
For this purpose, users may use the model withdrawal form provided in
the 'Definitions' section of this document. However, users are free to
express their revocation decision by means of an unambiguous declaration
in another, suitable manner. In order to meet the deadline for exercising
this right, the user must send the withdrawal notice before the end of the
withdrawal period.
When does the withdrawal period expire?
When purchasing a service, the withdrawal period ends 14 days after the
conclusion of the contract, unless the user has waived the right of
withdrawal.
Effects of revocation
Users who duly revoke a contract will be refunded all payments made to
the supplier, including delivery costs, if applicable.
However, the Provider shall not be obliged to reimburse additional costs if
the User has opted for a type of delivery other than the cheapest standard
delivery offered by the Provider.
The refund shall be made without undue delay, but no later than 14 days
after the day on which the provider is informed of the user's decision to
revoke the contract. The Provider shall make the refund using the same
means of payment that the User used in the original transaction, unless
expressly agreed otherwise with the User. In any case, the User shall not
incur any costs or fees as a result of the refund.
...for service contracts
If a User exercises the right of withdrawal after having requested the
performance of the service before the expiry of the withdrawal period, the
User shall pay the Provider an amount proportionate to the part of the
service performed.
This amount shall be calculated on the basis of the total contractually
agreed price and shall be proportionate to what has been provided up to
the time of revocation compared to the total scope of the contractually
agreed services.
Liability and compensation
EU users
Compensation
To the fullest extent permitted by applicable law, User agrees to indemnify
and hold harmless Provider and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners and employees from any claim or
demand, including but not limited to attorneys' fees and costs, made by
any third party, asserted by reason of or in connection with any criminal
use of or connection to the Service, violation of these TOS, infringement of
any third party rights or violation of any law by User or its affiliates,
officers, directors, agents, co-branders, partners and employees.
Limitation of liability
Unless expressly stated otherwise and without prejudice to the applicable
statutory product liability provisions, Users shall have no right to claim
damages against the Provider (or any natural or legal person acting on its
behalf).
This does not apply to damages to life, health or physical integrity as well
as damages due to the violation of an essential contractual obligation,
such as an obligation that is absolutely necessary to achieve the purpose
of the contract and/or damages due to intent or gross negligence,
provided that this application was used properly and correctly by the user.
Unless damage is caused intentionally or by gross negligence or affects
life, health or physical integrity, the provider is liable only to the extent of
typical and foreseeable damage at the time of conclusion of the contract.
In particular, the provider is not liable within the aforementioned limits for:
any loss of business opportunities and any other loss, even indirect, that
the User may incur (such as loss of trade, loss of sales, loss of income,
profits or anticipated savings, loss of contracts or business relationships,
loss of reputation or goodwill, etc.);
Damages or losses resulting from interruptions or malfunctions of the
Service (this Application) when such interruptions or malfunctions are due
to force majeure or unforeseen and unforeseeable events and are
independent of the will and beyond the control of the Provider, such as,
but not limited to, failures or interruptions of telephone or power lines, the
Internet and/or other means of transmission, unavailability of websites,
strikes, natural disasters, viruses and cyber attacks, interruptions in the
supply of third party products, services or applications;
any losses, unless they are the direct result of the Provider's violation of
the GTC;
any damage, harm or loss caused by viruses or other malware contained
in or associated with files available for download from the Internet or
through this application. Users are responsible for employing sufficient
security measures - such as anti-virus programs - and firewalls to prevent
such infection or attack, and for making backup copies of any data or
information exchanged or uploaded through this application.
Regardless, the following restriction applies to all users who are not acting
as consumers:
In any liability case, the compensation shall not exceed the total payments
that the Provider has received, will receive, or would receive from the User
under the Agreement over a 12-month period, or the term of the
Agreement if shorter than 12 months.
Users in Australia
Limitation of liability
Warranties, conditions, guarantees, rights and remedies available to users
under the Competition and Consumer Act 2010 (Cth) are not affected in
any way by the provisions of these TOS. The same applies to any similar
mandatory national or territorial laws that give users indispensable rights.
To the extent permitted by law, our liability to Users - including liability for
breach of a mandatory right and any other liability not excluded by these
T&Cs - shall be limited, in the reasonable discretion of the Provider, to
supplementary performance or reimbursement of the costs incurred for
the renewed provision of the Services.
Users in the USA
Disclaimer of warranty
This application is provided and made available solely on an 'as is' and
'as available' basis. Use of the service is at your own risk. Provider
expressly disclaims all conditions, representations and warranties -
express, implied, statutory or otherwise, including any implied warranties
of merchantability, fitness for a particular purpose or non-infringement to
the extent permitted by law. Any advice or information, whether oral or
written, obtained by User from Provider or through the Service shall not
create any warranty unless expressly stated.
Notwithstanding the foregoing, Provider, its subsidiaries, affiliates,
licensors, officers, directors, agents, co-branders, partners, suppliers and
employees do not warrant that the Content will be reliable, accurate or
correct; that the Service will meet users' expectations; that the Service will
be uninterrupted or reliable at any particular time or location; that any
defects or errors will be corrected; or that the Service is free of viruses or
other harmful components. All content downloaded or otherwise obtained
through the use of the Service is downloaded at your own risk. Users are
solely responsible for any damage to User's computer system or mobile
device or loss of data that results from such download or User's use of the
Service.
The Provider does not warrant or assume responsibility for any products or
services advertised or offered by third parties through the Service or
through any hyperlinked website or service, nor does it endorse any such
products or services. Transactions between Users and third party providers
of products or services are neither mediated nor monitored by the
Provider.
The Service may become inaccessible or may not function properly with
the user's web browser, mobile device and/or operating system. The
provider cannot be held liable for any perceived or actual damages arising
from the content, operation or use of this service.
Federal law, some states and other jurisdictions do not allow the exclusion
or limitation of certain warranties. The above exclusions may not apply to
users. This Agreement gives Users certain rights, while it may give Users
other rights depending on the jurisdiction. The disclaimers, exclusions, and
limitations of liability under the Agreement are void where prohibited by
applicable law.
Limitation of liability
To the fullest extent permitted by law, in no event shall Provider and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees be liable for
Any indirect, punitive, incidental, special, consequential or exemplary
damages, including but not limited to, damages for lost profits, goodwill,
use, data or other intangible losses arising in connection with the Service
or its unavailability; and
any damage or loss resulting from hacking, tampering or other
unauthorized access or use of the Service or the User Account, and the
information contained therein;
any errors, mistakes or inaccuracies in the content;
Personal injury or property damage of any kind arising from access to or
use of the Service by the User;
any unauthorized access to the Provider's backup servers and/or the
personal information stored therein;
any interruption or cessation of transmission to or through the Service;
any bugs, viruses, Trojans or the like that may be transmitted to or
through the Service;
any errors or omissions in the content or for any loss or damage arising
from the use of any content posted, emailed, transmitted or otherwise
made available through the Service; and/or
the defamatory, offensive or illegal conduct of any user or third party. Any
liability of Provider, its subsidiaries, affiliates, officers, directors, agents,
co-branders, partners, suppliers and employees for any claims, revenues,
liabilities, obligations, damages, losses or costs shall be limited in amount
to the amount paid under this Agreement by User to Provider in the
preceding 12 months or, if less, over the entire term of this Agreement
between Provider and User.
This limitation of liability applies to the fullest extent permitted by
applicable law, regardless of whether the alleged liability is based on
contract, tort, negligence, strict liability or any other basis, even if the
provider has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. These TOS give the user certain rights, while other rights
may be available to the user depending on the jurisdiction. The exclusions,
and limitations of liability under the TOS, if prohibited by applicable law,
are void.
Compensation
User agrees to indemnify, defend and hold harmless Provider and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees from and against any and all claims or demands,
damages, obligations, losses, liabilities, costs or debts and expenses,
including, but not limited to, legal fees and expenses, arising out of or in
connection with
the access to and use of the Service by the User, including any data or
content transmitted or received by the User;
the User's breach of these TOS, including but not limited to the User's
breach of any of the representations and warranties contained in these
TOS;
the violation of third party rights by the user, including but not limited to
personal rights or intellectual property rights;
the violation of legal provisions, rules or regulations by the user;
any content transmitted from the user account, including in case of access
by third parties with the user name, password or other security measures
of the user - if any - and including misleading, false or inaccurate
information;
the alleged misconduct of the user; or
the violation of any legal provision by the User or its affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees to the
extent permitted by applicable law.
Common provisions
No waiver
Failure by the Provider to assert any right under these TOS or to enforce
any provision hereof shall not constitute a waiver of such right or
provision. No waiver shall be deemed a further or continuing waiver.
Service interruption
In order to ensure the best possible service, the Provider reserves the right
to interrupt the service for maintenance, system updates or other
changes. He will inform the users appropriately.
Within the limits of the law, the Provider may also decide to suspend or
terminate the Service entirely. In case of termination of the Service, the
Provider will cooperate with the Users to enable them to delete personal
data or information in accordance with the applicable law.
In addition, the Service may be unavailable for reasons beyond the control
of the Provider, such as 'force majeure' (e.g., labor disputes,
infrastructure failures or power outages, etc.).
Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit this
Application and Service in any way without the express prior written
permission of Provider, granted either directly or through a lawful reseller
program.
Privacy policy
For information about the use of their personal data, Users are referred to
the Service's Privacy Policy (this Application), which hereby becomes part
of these TOS.
Intellectual property rights
Notwithstanding any more specific provisions of these TOS, all intellectual
property rights, such as copyrights, trademark rights, patent rights and
design rights related to the Service (this Application) are the exclusive
property of the Provider or its licensors and are subject to the protection of
applicable law or international treaties relating to intellectual property.
All trademarks, names or figurative marks - and any other trademarks,
trade names, service marks, word marks, illustrations, images or logos -
appearing in connection with the Service (this Application) are and shall
remain the exclusive property of Provider or its licensors and are subject
to the protection of applicable law or international treaties relating to
intellectual property.
Changes to these GTC
The Provider reserves the right to change or otherwise modify these GTC
at any time. In this case, the provider will inform the user appropriately
about these changes.
Such changes affect the relationship with the user only for the future.
By continuing to use the service, the user accepts the amended GTC. If the
users do not want to be bound by the changes, they must stop using the
service. If the revised terms are not accepted, either party may terminate
the contract.
For the relationship prior to the acceptance of the amendments by the
User, the respective valid previous version of the GTC shall apply. The
User may obtain any previous version of the GTC from the Provider.
Any amendment to these GTC shall be communicated in text form no later
than one month before it enters into force. If consumers do not accept the
amended GTC, they may terminate the contract up to four months after
the amended GTC come into force without incurring a contractual penalty.
Consumers shall not be entitled to damages on account of the termination.
If required by the applicable law, the Provider shall specify the date from
which the amended GTC shall apply.
Assignment of rights and obligations
The Provider reserves the right, taking into account the legitimate
interests of the User, to transfer, assign, replace by novation or pass on all
rights and obligations arising from these GTC.
The provisions on amendments to the GTC shall apply accordingly.
Users may not assign or transfer their rights or obligations under the GTC
in any way without the Provider's written consent.
Contacts
All communications related to the use of the Service (this Application)
must be sent to the contact information provided in this document.
Severability clause
If any provision of these TOS is or becomes invalid or unenforceable under
applicable law, such invalidity or unenforceability shall not affect the
validity of the remaining provisions, which shall remain in full force and
effect.
US users
Any such invalid or unenforceable provisions shall be interpreted and
modified to the extent that they become valid, enforceable and in
accordance with the original purpose. These GTC constitute the entire
agreement between Users and the Provider on the subject matter of the
Agreement and shall prevail over any other communications between the
parties on the same subject matter, including any prior agreements.
These GTC will be enforced to the extent permitted by law.
EU users
If any provision of these GTC is or is deemed to be invalid, or invalid or
deemed to be invalid, the parties shall do their best to reach an
agreement on valid and enforceable provisions in an amicable manner,
thus replacing the invalid, void or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions shall be
replaced by the applicable statutory provisions, if this is permissible or
provided for under the applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of
individual provisions of these GTC shall not result in the nullity of the
entire agreement, unless such provisions are essential to the contract or of
such importance that the parties would not have entered into the contract
had they known of the invalidity of the provision. If the remaining terms
would result in undue hardship for one of the parties, the invalidity of the
individual provision shall result in the invalidity of the entire agreement.
Authoritative version of these GTC
These GTC are created and revised in the following language: GERMAN.
Other language versions of these GTC are provided for information
purposes only. In case of discrepancies between different language
versions, the original version shall always prevail.
Applicable law
These TOS shall be governed by the laws of the place where the Provider
has its registered office, with the exception of conflict of laws provisions.
Users can find the indication of the registered office in the corresponding
section of this document.
Exception for European consumers
Notwithstanding the foregoing, users who act as European consumers and
have their habitual residence in a country where the law provides for a
higher standard of consumer protection shall be subject to that higher
standard.
Jurisdiction
The courts of the place where the Provider has its registered office - as
indicated in this document - shall have exclusive jurisdiction over any
disputes arising out of or in connection with these GTC.
Exception for European consumers
This does not apply to users who act as European consumers nor to users
who act as consumers and have their (residential) domicile in Switzerland,
Norway or Iceland.
United Kingdom consumers
Consumers resident in England and Wales may bring claims in connection
with these T&Cs in the courts of England and Wales. Consumers resident
in Scotland may bring claims in connection with these T&Cs in the courts
of Scotland or England. Consumers resident in Northern Ireland may bring
claims in connection with these T&Cs in the courts of Northern Ireland and
England.
Users in the USA
Each party specifically waives the right to choose trial by jury in all courts
and for all claims and disputes. Claims arising from these GTC must be
asserted individually. The parties waive the right to join any class action or
other proceeding.
Users in the USA
Continuing provisions
This Agreement shall remain in effect until terminated by this Application
or by User. In the event of termination, such provisions that, given the
context, are intended to remain in effect after termination or expiration
shall continue in effect. These include, but are not limited to:
rights of use licensed to the user under these GTC shall continue to apply
for an unlimited period;
the user's obligation to indemnify shall continue for a period of five years
after termination;
the disclaimer of warranty and the provisions in the section on
indemnification and disclaimer of liability shall continue to apply
indefinitely.
Dispute Resolution
Amicable settlement of disputes
Users may address any disputes to the Provider, who will try to settle them
amicably.
The User's right to take legal action shall always remain unaffected.
However, in case of any dispute regarding the use of the Service (this
Application) or the Service, the User is requested to contact the Provider
using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if
applicable, the details of the related order, purchase or account, to the
Provider's e-mail address specified in this document.
The provider will process the request immediately within 21 days of
receipt.
Online dispute resolution for consumers
The European Commission has established an online Alternative Dispute
Resolution platform, which is an out-of-court method for resolving all
disputes related to and arising from online sales and service contracts.
As a result, any European consumer can use this platform to resolve
disputes arising from contracts concluded online. The platform is available
at the following link.
France: Mediation
Within the period of one year from the date of submission of a written
complaint to the provider regarding a dispute arising from these GTC,
consumers have the right to mediation proceedings
before a mediation body recognized by the French government. The
corresponding list is available at the following link.
This application (or this application)
The application through which the provision of the service is enabled.
Agreement
Any legally binding or contractual relationship between Provider and User
governed by these GTC.
Business users
Any user who is not acting as a consumer.
European (or Europe)
Refers to any user located within the EU or whose place of business is
within the EU, regardless of nationality.
Example revocation form
To:
onEco GmbH
Friedrichstraße 171
10117 Berlin
Germany
[email protected]
I/We hereby give notice that I/We withdraw from my/our purchase contract
for the following goods / to provide the following service:
_____________________________________________ (description of the
goods/services that are the subject of the revocation)
Ordered at: _____________________________________________ (insert date)
Received at: _____________________________________________ (insert date)
Name of customer(s):_____________________________________________
Address of customer(s):_____________________________________________
Date: _____________________________________________
(Signature if this form is submitted in paper form)
Provider (or We)
Is the natural person(s) or legal entity(ies) providing this Application
and/or Service to Users.
Product
A good or service offered for purchase through this application, such as
physical goods, digital files, software, booking services, etc.
Offering products may be part of the service defined above.
Service
The Service provided through this Application as described in these TOS
and on the Service (this Application).
AGB
All terms and conditions applicable to the use of the Service as described
in this document and/or to this Application, including any related
documents or agreements, as amended from time to time.
User (or you)
Is any natural or legal person who uses this application.
Consumer
Any user who uses goods or services for purposes that are outside his or
her trade, business, craft or profession.