Terms and Conditions of Use for the Use of "grand-guide"
1. Scope, definitions
1.1 These Terms and Conditions of Use apply to the use of the online portal (hereinafter referred to as "grand-guide") provided by grand-guide GmbH, Marburger Str. 13, 64289 Darmstadt, Germany (hereinafter referred to as the "Operator") on the websites www.grand-guide.com, www.grand-guide.de, www.grand-guide.at, www.grand-guide.ch, www.grand -guide.fr, www.grand-guide.uk, www.grand-guide.co.uk, www.grand-guide.es, www.grand-guide.it and www.grand-guide.ru and the application software used in the portal. The application of the User's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 User within the meaning of these Terms and Conditions of Use is the generic term for registered users and guests. Users can be both consumers and contractors.
1.2.1 Registered Users are granted read access to grand-guide and certain technical features.
1.2.2 Guests within the meaning of these Terms and Conditions of Use are users who only have read-only access to the areas of grand-guide that do not require registration.
1.2.3 A Consumer within the meaning of these Terms and Conditions of Use is any natural person who concludes a legal transaction for purposes not predominantly attributable to his commercial or independent professional activity.
1.2.4 An Entrepreneur within the meaning of these Terms and Conditions of Use is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
1.2.5 Providers within the meaning of these Terms and Conditions of Use are Registered Users who, as Consumers or as Entrepreneurs, offer or promote goods and/or services via grand-guide.
1.2.6 Customers within the meaning of these Terms and Conditions of Use are Registered Users who, as Consumers or Entrepreneurs, establish contacts with Providers via grand-guide and may wish to procure goods and/or services from them.
2. Services of the Operator
2.1 With grand-guide, the Operator provides an online portal by means of which Users can use the application software provided by the Operator to post and/or call up user profiles, advertisements, event notes, job advertisements and/or job applications and can also contact other users of the portal. Company profiles and job advertisements can only be created by vendors acting as Entrepreneurs.
2.2 Contracts for the goods, services, events and jobs described on grand-guide cannot be directly concluded via grand-guide between the Users. In this regard, grand-guide is only intended for contacting and selecting potential contractual partners between Users. The actual conclusion of the contract takes place through individual communication between the Users outside of grand-guide. The Operator itself does not become a contractual partner in contracts between Users. The contracts concluded between Users are also exclusively fulfilled between the Users. Furthermore, the Operator gives no guarantee that a contract will actually be concluded between the Users.
2.3 For the use of grand-guide, the Operator shall grant Users access to its website and provide them with suitable software that remains on the Operator's server. The range of functions and technical specifications of the software are described in detail in the Specification of Services on the Operator's website. The Operator is not responsible for the creation and maintenance of the data connection between the User's IT system and the Operator's server.
2.4 grand-guide is offered subject to availability. Availability of 100% is not technically feasible and can therefore not be guaranteed to the User by the Operator. However, the Operator endeavours to keep the service available as consistently as possible. In particular, maintenance, security and capacity requirements, in addition to events that are not within the Operator's sphere of influence (disruptions to public communication networks, power failures etc.) may result in brief malfunctions or temporary interruptions of the service. The Operator shall carry out the maintenance work during periods of low utilisation when possible.
2.5 The software used for the operation of grand-guide is updated by the Operator at irregular intervals. Accordingly, the User only receives the right to use the software in its current version. However, the User is not entitled to demand a certain state of the software.
3. Changes to services
3.1 The Operator reserves the right to change the services offered or offer different services, unless this is not acceptable for the User.
3.2 The Operator furthermore reserves the right to change the services offered or offer different services
- if the Operator is obliged to do so due to a change in the legal situation;
- if the Operator thereby complies with a court order against the Operator or a decision of the authorities;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is only beneficial to the User; or
- if the change is of a purely technical or procedural nature and has no significant impact on the User.
3.3 Changes with an only insignificant influence on the functions of grand-guide do not constitute changes in services within the meaning of this clause. This in particular applies to changes of a purely graphic nature and mere changes to the arrangement of functions.
4. Right of use
4.1 Natural persons, legal persons and partnerships are entitled to use the services. Natural persons with limited legal capacity (especially minors) may only use grand-guide with the consent of their legal representative. In such cases, the Operator reserves the right to make the use of grand-guide dependent on the submission of a written consent by the legal representative.
4.2 By submitting his declaration of consent to these Terms and Conditions of Use, the User confirms that he fulfils the aforementioned conditions when concluding the licence agreement.
4.3 A legal entity or partnership may only be registered by a natural person with representative authority, who must also be named.
4.4 Each User is only entitled to set up one user profile for grand-guide. The User's entitlement to use grand-guide is specific to this particular User and is not transferable.
5. Registration, conclusion of agreement
5.1 Upon successful registration or when gaining reading access as a Guest, a licence agreement shall come into effect between the Operator and the User for the use of grand-guide subject to these Terms and Conditions of Use.
5.2 After entering his data in the corresponding online form, the User can log in by clicking on the button to complete the registration process. The submission of the registration data represents the User's offer to conclude a licence agreement, which the Operator can accept, but is not obliged to accept. The Operator may accept the User's offer within five days after receipt of the request by sending an electronically transmitted (e-mailed) order confirmation or by sending an email containing a link to unlock the user account. If the Operator does not accept the User's contractual offer within the aforementioned period, this shall be deemed a rejection of the offer.
The contractual text shall be stored by the Operator. The User shall no longer be able to call up the contractual text after registering via the Operator's website.
5.4 Before submitting his contract declaration, the User can correct his entries at any time by means of the usual keyboard and mouse functions.
5.5 The following languages are available for the conclusion of the agreement: German, English.
5.6 The e-mail address serves to identify and personally designate the User. The User must ensure that the e-mail address specified during the online registration is correct to ensure 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 third parties commissioned with email processing can be delivered.
5.7 The data requested during the registration must be provided by the User accurately and in full. The User is obliged to keep this data (including e-mail addresses) up to date at all times. The transmitted data shall not be checked by the Operator for correctness and completeness.
6. Obligations of the User, responsibility for content
6.1 Each User is fully responsible for the content of the information he posts on grand-guide, in particular for its truth and legality. The User assures that the data he gives is truthful. The User shall ensure that the content he enters does not violate these Terms and Conditions of Use or applicable law. In particular, the publication of the following is prohibited:
- Copyrighted content if the User is not authorised to use it (e.g. photographs that the photographer and/or a depicted person have not consented to publish on the internet);
- False statements;
- Contributions aimed at personally attacking or defaming other Users;
- Racist, xenophobic, discriminatory or offensive content;
- Youth-endangering content;
- Content glorifying violence;
- Links to pages that do not comply with statutory requirements or these Terms and Conditions of Use.
6.2 The content posted on grand-guide is exclusively attributable to each respective User and does not reflect the views of the Operator. The Operator cannot guarantee the correctness of the content. Each User is responsible for critically reviewing the accuracy of content.
6.3 Users are generally liable for all activities performed using their access, to the extent that they are responsible.
6.4 The User must not use grand-guide in a manner that adversely affects the availability of the portal (e.g. by uploading large files or spam). The Operator reserves the right to limit the amount of data for uploads so as to ensure the availability of the portal. The Operator shall point out any data upload restrictions in the Specification of Services.
6.5 The User declares and accepts responsibility for possession of the right to use the content used in his entries. In particular, the User shall ensure that his entries do not violate the rights of third parties, in particular copyright, trademark and personal rights as well as rights under competition law.
6.6 The User is responsible for maintaining confidentiality in respect of the access data. The User shall ensure that it is not accessible to third parties. The User shall immediately inform the Operator if there are indications that his access is being used or has been used by third parties without authorisation.
6.7 If the Operator is obliged to publish advertisements for the User in accordance with the provisions of the contract, the User is obliged to cooperate to the extent necessary for the proper execution of the order. In particular, the User must provide the Operator with all content required for the publication of the advertisement, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator, and shall grant the Operator the rights of use required for this purpose. The User has sole responsibility for the procurement of and acquisition of rights to this content. The content provided by the User shall not be checked for correctness, meaningfulness and/or completeness by the Operator. If the User violates his obligation to cooperate in this respect, the Operator is entitled to set a reasonable deadline and declare that it shall refuse to continue the contract after expiry of the deadline. After unsuccessful expiry of the deadline, the Operator shall be entitled to terminate the contract for the publication of advertisements without notice. The Operator's right to claim compensation for any additional expenses incurred through the Customer's failure to cooperate and the damage caused shall remain unaffected by this.
6.8 Illustrations of articles from the Nazi era with NS emblems and / or Nazi symbols or the like are only used for civic education, the defense of unconstitutional aspirations, art or science, research or teaching, reporting on events of current events or history or similar purposes within the meaning of § 86a (3) i. V. m. Section 86 (3) of the Criminal Code is presented and described.
By submitting bids for Nazi-era items / items bearing the NS emblem (s) and / or Nazi symbols or the like, the Tenderer agrees to purchase it solely for historical scientific purposes and not in any way propagandistic within the meaning of § 86, 86a StGB.
7. Rights of the Operator
7.1 If the User violates legal provisions or these Terms and Conditions of Use or if the Operator has specific indications that this has occurred, the Operator is entitled, without advance notice and further examination,
- to delete related entries of the User,
- to amend entries within the scope of the editing rights pursuant to clause 9,
- to issue a warning,
- to temporarily or permanently block the User's access, or
- to take other necessary and appropriate measures.
7.2 If a User is blocked, he is no longer entitled to use grand-guide or to re-register.
7.3 The Operator expressly reserves the right to take legal action based on a User's violation of the statutory provisions or these Terms and Conditions of Use.
7.4 The Operator reserves the right to change the category or heading selected by the Customer for the advertisement at its own discretion, provided that this appears to be necessary for its own legitimate reasons, in particular the functionality and structure of grand-guide.
7.5 Unless otherwise stated in the Operator's Specification of Services, the Operator is not obliged to subsequently make amendments at the request of the User to advertisements which have already been published. The Operator may make changes that can be implemented with little effort at the request of the User at its own discretion free of charge. Otherwise, the Operator shall make an offer to the User to change the advertisement for a fee. The legal rights of the User, such as in the case of a defective advertisement, shall not be restricted by this.
8. Granting of rights of use by the Operator
8.1 The Operator shall grant the User a simple, non-transferable right, limited to the duration of the licence agreement, to use the online portal provided by the Operator and the application software in the portal subject to these Terms and Conditions of Use.
8.2 The User is not permitted to make the content provided to him accessible to third parties without the written consent of the Operator. The User shall ensure that he does not allow third parties any bypass opportunity for access to grand-guide.
8.3 If the User violates the agreement concluded on the rights of use so severely that the Operator is unable to continue the contractual relationship, taking mutual interests into account, then the Operator can terminate the grant of rights of use without prior warning and permanently block access to grand-guide for the User.
8.4 The other statutory and contractual provisions shall remain unaffected.
9. Granting of rights of use by the User
The Operator is entitled to use content and information provided by Users for grand-guide or allow it to be used by third parties. The User grants the Operator the non-exclusive rights of use required for this purpose for the duration of the licence agreement free of charge, in particular the right to permanent retention and storage of such content and information and to make it publicly accessible, in addition to processing and distribution rights, and declares that the User is entitled to grant these rights of use.
Providers acting as Entrepreneurs are required to pay the Operator flat rates for the publication of certain advertisements. The size of the fee and the payment modalities are specified in the Operator's Specification of Services. Otherwise, the use of grand-guide is free of charge.
The User shall indemnify the Operator from all claims asserted by other Users or third parties against the Operator on the grounds of infringement of his rights due to content entered by the User or any other use of grand-guide. In this connection the User shall assume the costs of any necessary legal defence including all court and legal fees up to a reasonable amount. 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 must immediately, truthfully and fully provide the Operator with all information necessary for the examination of the claim and to prepare a defence.
12. Liability of the Operator
The Operator is not liable for any losses incurred by the User within a contractual relationship between a Provider and a Customer which was procured via grand-guide. In this regard, the relevant statutory provisions apply to the respective contractual relationship between the Users. Furthermore, the Operator is liable towards the User for all contractual, quasi-contractual and legal claims, including tort claims, for compensation for damages and the reimbursement of expenses as follows:
12.1 The Operator is fully liable, irrespective of the legal reason,
- in the case of wilful misconduct or gross negligence,
- in the case of intentional or negligent loss of life, personal injury or damage to health,
- based on a guarantee, unless otherwise stipulated,
- based on mandatory liability, such as under the Product Liability Act (Produkthaftungsgesetz).
12.2 If the Operator negligently breaches a material contractual obligation, liability shall be limited to the contractually typical, foreseeable damage, unless liability is unlimited in accordance with the above clause. Material 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 fulfilment of which makes the proper execution of the contract possible in the first place and on whose observance the User may regularly rely.
12.3 Any further liability of the Operator is excluded.
12.4 The above-mentioned liability provisions also apply with regard to the liability of the Operator for its vicarious agents and legal representatives.
13. Term, termination
13.1 Unless otherwise specified in the Specification of Services, the contract for the use of grand-guide shall be concluded for an indefinite period and can be terminated by the User at any time without notice and by the Operator with a notice period of two weeks.
13.2 Advertising packages with a specific term shall be concluded for a limited period of time as shown in the respective Specification of Services and shall end automatically upon expiry of the agreed term, without any need for notice of termination.
13.3 The right to terminate for good cause without notice remains unaffected. Good cause exists if, in consideration of all circumstances in the individual case and after weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship up to the agreed date of termination or the end of a period of notice.
Good cause in particular includes:
- a significant breach of material provisions of these Terms and Conditions of Use which is not remedied, even after a grace period, or which is repeated, and which makes the continuation of the contractual relationship impossible or unreasonable;
- re-registration during an ongoing suspension in accordance with clause 7.1;
- the provision of false profile data to conceal an individual's true identity;
- if, in the case of fee-based use of grand-guide, all or a substantial proportion of the assets of the other party are subject to execution proceedings or if there are grounds to open insolvency proceedings against the other party, if such proceedings have been refused for lack of assets, if insolvency proceedings have been initiated against the other party or an if affidavit concerning the assets of the other party has been submitted.
13.4 In the event of a justified extraordinary termination of the licence agreement by the Operator, the User shall not be entitled to create a new User account with grand-guide.
13.5 Terminations may be carried out in writing, in text form (e.g. e-mail) or by the User’s deleting his user account with grand-guide.
13.6 If the licence agreement is terminated, the User shall lose access to his user account upon termination of the agreement. Upon termination of the licence agreement, the obligation of the Operator to store and publish entered data shall expire.
14. Changes to the Terms and Conditions of Use
14.1 The Operator reserves the right to change these Terms and Conditions of Use at any time without providing reasons unless this is not acceptable for the User. The Operator shall notify the User about any amendments to the Terms and Conditions of Use in a timely manner in text form. If the User does not object to the validity of the new Terms and Conditions of Use within a period of four weeks after the notification, the changed Terms and Conditions of Use shall be deemed to have been accepted by the User. In the notification, the Operator shall inform the User of his right to object and the significance of the objection period. If the User objects to the changes within the aforementioned period, the contractual relationship shall continue under the original conditions.
14.2 The Operator furthermore reserves the right to change these Terms and Conditions of Use
- if he is obliged to do so due to a change in the legal situation;
- if he thereby complies with a court order against the Operator or a decision of the authorities;
- if he thereby introduces additional, completely new services or service elements that require a Specification of Services in the Terms and Conditions of Use, unless this adversely affects the previous use relationship;
- if the change is only beneficial to the User; or
- if the change is of a purely technical or procedural nature, unless it has a significant impact on the User.
14.3 The termination right of the User pursuant to clause 13 remains unaffected.
15. Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of Consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the Consumer has his habitual residence.
16. Place of jurisdiction
If the Customer is acting as a merchant, corporate body under public law or special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from this contract is the business headquarters of the Operator. If the User is located outside of the territory of the Federal Republic of Germany, the business headquarters of the Operator is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the occupational or commercial activity of the User. However, in the above-mentioned cases, the Operator is in any case entitled to file proceedings at the court at the User's headquarters.
17. Alternative dispute settlement
17.1 The European Commission provides a platform on the internet for online dispute resolution under the following link: http://ec.europa.eu/consumers/odr/.
This platform serves as a point of contact for the extrajudicial resolution of disputes arising from online purchases or service contracts involving a Consumer.
17.2 The Operator is not obliged and not willing to participate in a dispute settlement procedure before an independent consumer arbitration committee.