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General terms and conditions
General terms and conditions for visitors:
1. scope of application
1.1 These General Terms and Conditions for Visitors (hereinafter "GTC") of findyourteacher GbR (hereinafter "Operator") with its registered office at Postfach 1004 24, 42504 Velbert, Germany apply to all visitors of the website www.findyourteacher.de (hereinafter "Website") who do not make use of the contractual services on the Website with a registered profile (hereinafter "User") (hereinafter "Visitors").
1.2 For users who use the contractual services of the Operator on the Website in this capacity, the special "General Terms and Conditions for Users" shall apply.
2. contract of use
2.1 By visiting the Website, a free-of-charge usage contract for the use of the Website is concluded between the Operator and the Visitor, subject to these General Terms and Conditions.
2.2 On the website there are profile pages where the users present themselves or use the registered access only to contact other users. The purpose of the presentations is for visitors or other users of the website to contact the user via the website for a possible commissioning of the user. For this purpose, the operator only provides the possibility of contact within the framework of the use of the website. However, he does not become a legal party with regard to a conclusion of a contract between the User and a Visitor or another User. In particular, the Operator is not a representative, mediator or broker of a contract between the User and a Visitor or another User. All parts of the contract, as well as changes and cancellations, are negotiated, agreed upon and executed solely between the User and the Visitor or another User. The user is responsible for compliance with legal regulations.
2.3 The visitor can
access the general information on the Website
use the search of the Website to obtain search results
2.3 The Visitor must register as a User in order to contact us.
3 Responsibility for the contents
3.1 All content posted by users is the sole responsibility of the respective users. They exclusively reflect their views. Content posted by the user is not read by the operator or checked for accuracy, completeness and relevance.
The operator endeavors to keep the website and its functions available as constantly as possible. A permanent availability cannot be realized technically and can therefore not be guaranteed to the visitor by the operator. In particular, maintenance, security or capacity issues, as well as events beyond the control of the operator (disruptions of public communication networks, power outages, etc.), can lead to disruptions or temporary suspension of the website or its functions. As far as possible, the Operator shall carry out maintenance work during periods of low usage.
5. release from liability
The Visitor indemnifies the Operator against all claims made by third parties against the Operator for infringement of their rights due to content posted by the Visitor (e.g. ratings) or due to the Visitor's other use of the Website. The visitor assumes the costs of the necessary legal defense, including all court costs and attorney fees in an appropriate amount. This does not apply if the visitor is not responsible for the infringement. In the event of a claim by a third party, the visitor is obliged to provide the operator immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
6 Liability for damages
6.1 The Operator shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act.
6.2 The operator is liable without limitation for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty or fraudulent intent.
6.3 For other damages the following applies:
6.3.1 The Operator shall be liable for intentional and grossly negligent breaches of contractual and statutory obligations.
6.3.2 The operator is liable for intentional and negligent breaches of essential contractual obligations (so-called cardinal obligations); for simple negligent breaches, liability is limited to the foreseeable, typically occurring average damage. Cardinal obligations or essential contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the visitor may regularly rely.
6.3.3 Notwithstanding the provision in 6.3.1, the Operator shall be liable for simple negligent breaches of immaterial contractual obligations limited to the foreseeable, typically occurring average damage.
6.4 In the regulations 6.1 and 6.2 breaches of duty of the vicarious agents and the legal representatives of the operator are equal to the breaches of duty of the operator.
6.5 In all other respects liability is excluded.
7. notification of violations of rights
If the visitor is of the opinion that a content on the website violates his copyrights, industrial property rights, labeling rights or other property rights, he should first inform the operator. The operator will then remove the content in question after checking it.
8. data protection
9. final clauses
9.1 The contract concluded with the visitor is exclusively subject to German law.
9.2 If the visitor is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is our registered office in Velbert. The same shall apply if the Visitor has no general place of jurisdiction in Germany or the EU or if the Visitor's place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this.
General terms and conditions for users:
1. scope of application and general provisions
1.1 These General Terms and Conditions for Users (hereinafter referred to as "GTC") of findyourteacher GbR (hereinafter referred to as "Operator") with its registered office at Postfach 1004 24, 42504 Velbert, Germany apply to all contracts that users with a registered profile (hereinafter referred to as "User") conclude with the Operator regarding the services for Users presented on www.findyourteacher.de (hereinafter referred to as "Website").
1.2 The User must register in order to use the services of the Operator. With the registration he concludes the contract for users.
1.3 The purpose of the "User" contract is to use further services on the website depending on his selection of the profile variant (teacher, school, student).
1.4 With the conclusion of the contract for users, the user has the possibility to conclude contracts for various paid services.
1.5 The services for the presentation option as a teacher or school are aimed exclusively at users who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activities.
The user who makes use of services for the presentation possibility as a teacher or school confirms with the submission of his declaration of consent to these GTC that he is acting in the exercise of his commercial or self-employed professional activity when concluding a contract.
1.6 The services for contacting (students) are directed to private persons or to users who are entrepreneurs in the sense of § 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activities when concluding a legal transaction.
1.7 The contract for users for the presentation opportunity as a teacher or school is directed exclusively at users who have full legal capacity or who are acting with the consent of their legal representatives.
1.8 The services contained on the website of the operator do not represent binding offers on the part of the operator, but serve for the submission of an offer by the user.
2 Contract "User
2.1 Upon conclusion of the contract "User", receives depending on the selected profile variant (teacher, school or student) the following services:
2.1.1 He receives a user account on the website.
220.127.116.11 With this user account he gets access to an internal personal area, so called "personal area". As the owner of a user account, the user can create a profile page publicly visible on the Website. On this page the user can present himself with his services. The user can change the content of his profile page during the contract period. The purpose of the presentation is to enable other users of the website to send inquiries to the user via the website for a possible commissioning of the user.
18.104.22.168 The User can present himself in particular by the following contents:
indication of the name and address
descriptions of the type and manner of activity
photos showing the services of the user.
22.214.171.124 The technical requirement for the profile page to be publicly accessible via the World Wide Web is that the user uploads photos and a description.
126.96.36.199 The user is not allowed to give hints in his presentation how outside the user can contact the user, for example by phone, e-mail or via an own web presence of the user, unless the user has received a request.
188.8.131.52 The User's profile can be found via a search function on the Website. The placement of the user's profile page in the search results lists is based on the search parameters specified in the search . The user has no claim to a specific placement of the profile page in the results lists.
184.108.40.206 The Operator can extend the services of the contract "User" within the framework of promotional actions for the User.
2.1.2 The User may conclude contracts for various additional chargeable services. The possibility of concluding contracts for additional chargeable services.
220.127.116.11 By registering as a profile variant teacher or student, the user can read and respond to requests and messages from other users of the website. The purpose of registration is to establish contact between the user and other users. For this purpose, the operator provides only the possibility of contact within the framework of the use of the website. However, he does not become a legal party with regard to a conclusion of a contract between the User and another User. In particular, the operator is not a representative, agent or broker of a contract between the user and another user. All parts of the contract, as well as changes and cancellations, are negotiated, agreed upon and executed solely between the User and the other User.
18.104.22.168 The amount for the use of a chargeable service is due immediately.
2.1.3 Users with the profile variant Student can submit offers for the conclusion of "Rating" contracts (see Section 3).
2.2 The "User" contract shall be free of charge - unless otherwise agreed or by making use of chargeable services - starting on the day the contract is concluded.
2.3 The contract "User" - unless otherwise agreed - is valid as long as the account is not deleted by the user himself. Alternatively, a written notice of termination can be sent to the Operator in accordance with the agreed notice periods for the services. The date of receipt of the notice of termination by the operator is decisive for compliance with the deadline. The right to extraordinary termination for good cause remains unaffected.
2.4 The contract "User comes legally as follows.
By clicking the button for registration, the User submits a legally binding offer directed at the conclusion of the contract "User". The User will receive a confirmation of the receipt of the offer from the Operator immediately by e-mail. The operator can accept the offer of the user with a separate e-mail.
Contracts for chargeable services are legally concluded as follows.
By clicking the button "Order now with costs", the User submits a legally binding offer directed towards the conclusion of a contract for the use of a service with costs. The User will receive a confirmation of the receipt of the offer from the Operator immediately by e-mail. The Operator can accept the User's offer with a separate e-mail.
2.5 For further information and provisions, please refer to section 4.
3.1 The user with the profile variant teacher or school, has the possibility to ask users to submit a rating. If the user has entered a booking on the website, the operator will ask the user to submit a rating after the user's appearance. If the User subsequently submits a rating, the Operator shall inform the User of this.
3.2 If a contract exists for the use of the chargeable function rating and the User was requested by the Operator to submit the rating, the User is given the opportunity to read a rating of the User submitted by the User and to make it publicly available on the profile page of the User.
3.3 If there is no contract to use the chargeable function "Rating" or if the User was requested by the Operator to submit the rating, the Operator grants the User the possibility to read a rating of the User submitted by the User and to conclude the chargeable contract "Rating". By concluding the paid contract "Rating", the User is given the opportunity to make the rating submitted by a User publicly available on the User's profile page. The possibility of concluding a "Rating" contract exists only within the framework of the "User" contract.
3.3.1 The "Rating" contract is legally concluded as follows.
By clicking the button "Book now with costs", the user submits a legally binding offer directed at the conclusion of the "Rating" contract. The user will immediately receive an e-mail confirming the receipt of his offer. The operator can accept the offer of the user with a separate e-mail.
3.3.2 The costs of the "Rating" contract are due immediately upon conclusion of the contract.
3.3.3 For further information and provisions, please refer to section 4.
3.4 The user is not permitted to use the rating function himself or through third parties for improper purposes, in particular to submit untrue ratings.
3.5 Ratings are not read or checked by the operator. Ratings cannot be changed or deleted by the User. The user can request the removal of a rating from the website operator.
4 Further information and provisions for all contracts
4.1 Before the binding submission of the offer to conclude the contract by the user, all entries can be corrected continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the offer and can also be corrected there using the usual keyboard and mouse functions.
4.2 The applicable GTC are stored by the operator after conclusion of the contract and can be accessed by the user in his user account.
4.3 The contract language is German.
4.4 The Operator has not submitted to any codes of conduct.
4.5 If the parties have agreed on special conditions, these do not apply in principle to other, simultaneously running and future contractual relationships.
The operator strives to keep the website and its functions available as constantly as possible. A permanent availability cannot be realized technically and can therefore not be guaranteed to the User by the Operator. In particular, maintenance, security or capacity issues, as well as events beyond the control of the operator (disruptions of public communication networks, power outages, etc.), can lead to disruptions or temporary suspension of the website or its functions. The Operator will carry out the maintenance works, as far as it is possible, in times of low usage.
6. prices, terms of payment, vouchers and rewards
6.1 The stated prices of the operator are to be understood as gross prices, including the legal, German sales tax.
6.2 The Operator offers the following payment methods in particular:
6.2.1 By providing the data for one of the User's payment methods, the Operator is revocably authorized to debit the invoice amount from the User's specified payment data at the beginning of the contract and thereafter recurrently at the agreed period (Paypal account or credit card). The user will be provided with an invoice for retrieval. If the direct debit is unlawfully revoked for any reason or is not honored due to the provision of incorrect data or if the User objects to the direct debit although he is not entitled to do so, the User shall bear the fees incurred by the respective provider as a result of the chargeback if he is responsible for this.
6.3 A payment shall be deemed to have been received as soon as the equivalent amount has been credited to one of the Operator's accounts. In the event of default in payment, the Operator shall be entitled to interest on arrears in the amount of eight percentage points above the respective base interest rate. The other legal rights of the operator in case of a delay in payment of the user remain unaffected. If claims are overdue, incoming payments will first be credited against any costs and interest, then against the oldest claim.
6.4 The following provisions apply to credit notes granted to the User by the Operator.
6.4.1 Credit notes can only be used within the scope of the contracts regulated in these GTC.
6.4.2 The amount of the credit note shall be offset by the Operator against the Operator's claim in the next invoice issued to the User. If there is a remaining amount, it shall be offset against the following invoices until it is used up. The amount or balance of a credit note shall expire at the end of the third year following the year of receipt of the credit note. Should a credit note need to be issued after the termination of the contract, the amount specified in the credit note will be transferred to the user's deposited payment method.
6.4.3 A cash payment is not possible.
7. granting of rights of use by the user
7.1 For the purpose of the presentation of the User on the Website (see section 1.3), the User grants the Operator, within the framework of the "User" contract, the simple, spatially unrestricted rights of use, limited to the duration of the respective contract, of permanent storage on the Website, storage, processing and making available to the public with regard to the respective content when uploading content (e.g. texts, photos and videos). However, the right to edit shall only apply to the extent that the editing of the content is necessary for the provision or publication and the rights of the user are adequately taken into account.
8. duties of the user and responsibility for content
8.1 The user is obliged to provide true, accurate, current and complete information as specified in the registration and contract forms and to keep his data, in particular his e-mail address in the user account always up to date and correct.
8.2 The User shall ensure that the e-mail address provided by him is accurate and fully functional so that e-mails sent by the Operator can be received at this address. In particular, when using spam filters, the User must ensure that all e-mails sent by the Operator or by third parties commissioned by the Operator to process the contract can be delivered.
8.3 Each User is solely responsible for the content he or she transmits during registration or upload, in particular for its truthfulness and legal harmlessness.
8.3.1 The user assures that the data provided by him correspond to the truth.
8.3.2 The user declares and assumes responsibility that he has the right to use the content used in his profile page. He further declares that he has not made or will not make any disposal of the rights contrary to this contract. In particular, he declares that the content used on his profile page does not violate morality or the rights of third parties, in particular copyrights, trademark rights and personal rights as well as rights under competition law.
8.3.3 The user shall ensure that the content he posts does not violate these GTC or applicable law, in particular criminal law. Prohibited are in particular
false statements of fact;
contributions that are aimed at personally attacking other users
racist, xenophobic, discriminatory or insulting content;
pornographic or adult content;
content depicting violence, glorification of criminal acts;
glorification of drugs or other illegal addictive substances;
setting links to pages that do not comply with the legal provisions or these GTC;
Copyrighted content, if there is no authorization to use it (e.g. photos, audios or videos);
Creating profile pages with the same content;
advertising for commercial websites or other products;
8.4 The User is not allowed to use automated computer programs to collect content on the Website without the express consent of the Provider.
8.5 The User is not permitted to publish and/or distribute spam e-mails, chain letters and snowball systems.
8.6 The user is not allowed to use a computer program which is suitable to negatively influence the computer system of the provider or the computer systems of other users or visitors (computer viruses, computer worms, Trojan horses etc.).
8.7 The User is not allowed to publish and/or distribute non-industry related advertisements on the Website.
8.8 The profiles posted on the website are exclusively assigned to the respective user, they do not reflect the views of the operator.
8.9 The User shall be liable for all activities carried out using his/her access to the User Account, provided that he/she is responsible for them.
8.10 Since the sole purpose of the website is to present and contact users, the presentation of off-topic content is not permitted. Furthermore, the user is obligated not to use the website in a way that adversely affects the availability of the website.
8.11 The user is responsible for maintaining the confidentiality of the access data. He must ensure that they are not accessible to third parties. The User must inform the Operator immediately if there are indications that his access is or has been used by third parties.
8.12 If the User is of the opinion that any content on the website violates his copyrights, industrial property rights, labeling rights or other property rights, he should first inform the Operator. Then the Operator will remove the respective content after checking it.
9. rights of the operator
9.1 If the operator learns that the user violates the rights of third parties, legal regulations or these GTC with the posted content, the operator has the right to block the user's profile page if the user is responsible for the violation and a block is proportionate. Blocking means that the profile page of the user is no longer accessible via the World Wide Web. A temporary blocking is always proportionate if the user violates copyrights, industrial property rights, labeling rights or other property rights of a third party as well as violates criminal and/or youth protection laws. The user will be informed about a blocking immediately by e-mail.
9.2 If the User has a paid membership, the Operator has the right to block the User's profile page if the User is in default of payment. Blocking means that the profile page of the user is no longer accessible via the World Wide Web. If the User does not have a paid membership, the Operator has the right to temporarily block the User's profile page. This applies in particular if the user does not respond to contact attempts by the operator. The User will be informed about a blocking immediately by e-mail.
9.3 The Operator may terminate the contract "User" and the contracts for paid memberships at any time. In this case, payments already made by the User for a paid membership will be refunded on a pro rata basis according to the remaining term of the contract for the paid membership.
9.4 This shall not affect the right to terminate contracts extraordinarily for good cause.
If the important reason is a breach of contract by the User, the Operator may terminate the contract without notice if the Operator has unsuccessfully requested the User to cease the breach of contract by setting a reasonable deadline. In this case, no refund of payments already made will be made.
9.5 The Operator is entitled to contact the User via the e-mail address or telephone number provided by the User in order to draw the User's attention to inquiries and messages from visitors to the Website or to provide the User with information about the User or the User's paid services.
10. release from liability
The User shall indemnify the Operator against all claims asserted against him by other Users or other third parties for infringement of their rights due to content posted by the User or due to his other use of the Website. The User shall bear the costs of the necessary legal defense including all court and attorney fees. This shall not apply if the User is not responsible for the infringement. In the event of a claim by a third party, the User is obligated to immediately, truthfully and completely provide the Operator with all information necessary for the examination of the claims and a defense.
11 Liability for damages
11.1 The Operator shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act.
11.2 The operator is liable without limitation for damages arising from injury to life, limb or health, which are based on an intentional or negligent breach of duty or malice, as well as in the case of the assumption of guarantees.
11.3 The following shall apply to other damages:
11.3.1 The Operator shall be liable for intentional and grossly negligent breaches of contractual and statutory obligations.
11.3.2 The Operator shall be liable for intentional and negligent breaches of essential contractual obligations (so-called cardinal obligations); for breaches due to simple negligence, liability shall be limited to the foreseeable, typically occurring average damage.
Cardinal obligations or essential contractual obligations are obligations which the contract imposes on the Operator according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the User may regularly rely.
11.3.3 Notwithstanding the provision in 11.3.1, the Operator shall be liable for simple negligent breaches of immaterial contractual obligations limited to the foreseeable, typically occurring average damage.
11.4 In the provisions of 11.2 and 11.3, breaches of duty by the Operator's vicarious agents and legal representatives shall be deemed equivalent to breaches of duty by the Operator.
11.5 In all other respects liability is excluded.
12 Offsetting, Retention, Assignment
12.1 The User is only entitled to set-off if the counterclaim is undisputed, legally binding or recognized by the Operator.
12.2 Rights of retention and rights to refuse performance on the part of the User are excluded unless the Operator does not dispute the underlying counterclaims or these have been legally established.
12.3 An assignment of claims by the User, in particular an assignment of any claims for defects by the User, is excluded.
13 Data protection
14. data protection towards visitors
15 Amendment of the GTC These GTC are subject to change. The user will be notified of the change in good time before it comes into force by e-mail. The user is entitled to object to the change within six weeks after receipt of the e-mail. The amendment shall be deemed accepted and binding if the User has agreed to the amendment or has not objected to it within the six-week period. The operator shall separately point out these legal consequences and the possibility of objection in the notification e-mail. If the User objects to the offer in due time, the contract shall continue to run under the previous conditions.
16. final provisions
The contracts concluded with the User are exclusively subject to German law.