General Terms and Conditions and User Information
Welcome to helpindeal!
We are pleased that you are visiting our social deal community platform (hereinafter referred to as the “classifieds marketplace”) and thank you for your interest. Use of the services requires your agreement to these General Terms and Conditions and User Information (hereinafter referred to as the “Terms and Conditions”). Please read them carefully before using the classifieds marketplace. By using the classifieds marketplace, you declare your consent to be bound by these Terms and Conditions. Below we inform you about the use of our classifieds marketplace.
1. General and scope of application
1.1. The following Terms and Conditions apply to all contracts between
Cinja Christnacht
Kicke 7
51427 Bergisch Gladbach
Tel.: + 49 (0) 2204 - 4091152
E-mail: info@helindeal.com
Website: https://helpindeal.com/
VAT ID: DE328749192
(hereinafter referred to as “helpindeal”) and the visitors (hereinafter gender-neutral referred to as “user”) of the classifieds marketplace available via the link www.helpindeal.com and all subdomains belonging to the domains.
1.2. These Terms and Conditions apply both to consumers and to entrepreneurs, unless a distinction is made in the respective clause. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3. The Terms and Conditions of helpindeal apply exclusively. Deviating, conflicting or supplementary general terms and conditions or terms and conditions of the user shall only become part of the contract insofar as helpindeal has expressly agreed to their validity.
1.4. If users are entrepreneurs within the meaning of these Terms and Conditions and nothing else is agreed between the parties, these Terms and Conditions shall also apply to users in the version valid at the time the services are used, or in any case in the version most recently communicated to them in text form, as a framework agreement for future contracts of the same type, without helpindeal having to refer to them again in each individual case. Framework agreements or other contracts concluded individually in a particular case with the users (including ancillary agreements, supplements and amendments) shall in any case take precedence and shall merely be supplemented by these Terms and Conditions. Framework agreements or other contracts shall be supplemented by these Terms and Conditions if no individual arrangements are made in the specific case.
2. Subject matter of the contract
2.1. helpindeal provides users with a globally accessible classifieds marketplace to place offers and requests for the temporary, free of charge or discounted exchange (hereinafter referred to as a “Deal”) of accommodation, services or works (hereinafter referred to as “Services”), as well as pure favours or goods, and to get in touch with one another, support each other and use resources sustainably.
2.2. The subject matter of the contract is therefore access to a globally accessible classifieds marketplace and the technical provision of services for offering and searching for Deals as well as for mutual exchange via the internet.
2.3. helpindeal offers the user various paid membership packages (hereinafter referred to as “Subscriptions”) for posting Deals. Under the subscription, helpindeal undertakes to provide the user with access to the classifieds marketplace for the duration of the agreed contractual term at the contractually owed intervals. The current contractual term and the description of services for the respective subscriptions can be viewed via the link.
2.4. helpindeal creates, maintains and operates the classifieds marketplace, but does not itself act actively as an intermediary between users. helpindeal is therefore not itself a contracting party, representative or otherwise involved in the contracts concluded between users. In this respect, helpindeal merely provides the technical infrastructure. The statutory provisions apply exclusively to the performance of the contracts in the relationship between the users and, where applicable, any deviating general terms and conditions of the respective users inter se. Unless helpindeal is also the service provider, helpindeal shall not be liable for the proper performance of any contracts between the users.
3. Services and use of the classifieds marketplace
3.1. When using the classifieds marketplace, the user may make use of various services, which differ depending on whether the user is registered or unregistered.
3.2. Unregistered users can search for and display published Deals on the helpindeal classifieds marketplace by filtering them according to certain categories without creating a profile. Contact with other users is not possible.
3.3. After successful registration and verification, users may create and manage their own personal profile as members. Within this profile, the user can enter their own content (texts, images, general information about the place and period of performance, etc.), generate Deals for temporary, free of charge or discounted accommodation or entire flats/houses (so-called home exchange), services, pure favours or goods, and create Deal links that can subsequently be found via the “search function” on the helpindeal homepage of the classifieds marketplace. The user may offer, save, delete again or pause the Deals at any time after completion. Contact requests from other users may be accepted or rejected. In the Deal title, the Deal description and the photos, all information that could lead to identification of the Deal offer (names, specific addresses, telephone numbers, etc.) is prohibited. Such information may only be provided within direct communication between the respective users.
3.4. If offer and demand match, users may contact each other via a chat window, exchange further information about the Deals and, if necessary, conduct negotiations. Offer and demand therefore regularly constitute performance and counter-performance between the parties.
3.5. Accordingly, users may exchange accommodation, services, pure favours or goods worldwide for an agreed period free of charge or at a reduced price. Within their Deals, users are themselves responsible for ensuring compliance with the law, in particular the existence of any required permits, compliance with any reporting or tax obligations, etc. in the respective countries.
3.6. In addition, there is the option of sharing Deals with friends and via social media channels using the “sharing function” or marking them as favourites. If the user uses the “sharing function” to inform third parties about the existence of the Deals, the user must ensure that the other user and/or third parties consent to the transmission of the Deals.
3.7. helpindeal also provides its users with a rating system, which allows users to rate each other after a completed Deal and/or after first contact and thus to reflect the satisfaction and trustworthiness of the respective users. The rating of the contractual parties and the conclusion of the contract may only be truthful, transparent and objective. Users may not rate themselves or have fictitious ratings created by third parties. Otherwise, clauses 7 and 8 of these Terms and Conditions apply.
3.8. Another voluntary and free service of helpindeal is the provision of a so-called “commitment document”. This commitment document can be downloaded by users and used as a contract template exclusively for their private Deals.
3.9. For entrepreneurs, the following applies in addition: If the Deal constitutes a legal transaction that is not concluded between consumers and/or is not an (temporary or permanent) employment relationship, compliance with the law (in particular compliance with the Minimum Wage Act or other employee protection regulations, fulfilment of any reporting obligations, obtaining permits and taking tax aspects into account) lies solely with the users. Publication and execution of Deals of a commercial nature is only possible using the users’ own existing contracts or general terms and conditions, cancellation policy, privacy policy and legal notice.
3.10. The specific graphical and functional design of the usage options covered by the contract, the extension or adaptation of the usage options with additional features or services, or their supplementation with paid additional services are at the discretion of helpindeal. helpindeal is entitled at any time to modify and adapt the specific design while maintaining the usage options covered by the contract.
3.11. helpindeal is entitled at any time to block access to individual content or to the classifieds marketplace, for example if there is suspicion that users are violating applicable law, these Terms and Conditions or the rights of third parties. The user may avert these measures by dispelling the suspicion through submission of suitable evidence at their own expense. The user has no claim to the continued availability of individual functionalities on the classifieds marketplace.
3.12. The classifieds marketplace is available to the user for an unlimited period at an annual average of at least 99.0%. Unavoidable, unforeseeable and extraordinary events that may lead to unavailability of the classifieds marketplace, such as hosting outages, power failures, hacking incidents, failures of telecommunications lines from the transfer point to the internet, shall not be counted towards the minimum availability.
3.13. helpindeal is entitled to engage third parties as subcontractors for the provision of the contractually owed services. In addition, helpindeal may transfer rights and obligations under this contract to one or more third parties (assumption of contract). In the event of a complete transfer of the contract, the user shall be entitled to terminate the contract without notice.
4. Registration, conclusion of contract and user account
4.1. By completing the online registration and verification process (hereinafter referred to as “Registration”) and creating a profile, a user agreement is concluded between the user and helpindeal.
4.2. Registration and creation of a profile require the creation of a user account. This consists of first and last name, street and house number, postal code and city, country, username, e-mail address and a password (hereinafter referred to as “login data”).
4.3. Natural and legal persons may register for use of the classifieds marketplace. Registration of a legal person may only be carried out by an authorised representative. As a natural person, only users who are of legal age and legally competent may register.
4.4. To complete the online registration process, the user must tick the checkbox “I agree to the terms of use and the privacy policy” and click the “Continue” button, and must also complete verification by selecting and uploading a suitable document. The documents eligible for verification are shown in the input form used by helpindeal for verification.
4.5. Upon completion of the online registration process, the user shall receive a confirmation e-mail with an activation link. To complete the registration process, the user must click the link in the confirmation e-mail. There is no entitlement to the conclusion of a user agreement.
4.6. After successful verification, the user may use the helpindeal classifieds marketplace free of charge or for a fee. In the case of a paid subscription, the user will be redirected to payment.
4.7. The contract with helpindeal for the free use of the helpindeal classifieds marketplace is concluded upon completion of the online registration process and activation of the user account.
4.8. In the case of a paid subscription, the contract is concluded via payment processing by the payment service provider Stripe Payments Europe, Limited., The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Co. Dublin, Ireland (hereinafter referred to as “Stripe”) subject to the Stripe terms of use available at https://stripe.com/de/payments/payment-methods-guide#zahlungsarten, https://stripe.com/de/legal or https://stripe.com/payment-terms/legal. Within the payment service provider Stripe, helpindeal offers various payment methods. After entering his payment data and selecting the desired payment method, the user confirms a payment instruction to Stripe by clicking the button that completes the booking process. helpindeal requests Stripe to initiate the payment transaction after confirmation of the payment instruction and accepts the user's offer in the event that the button completing the booking process is clicked.
4.9. Creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with helpindeal.
4.10. The user warrants that the data used when creating their profile (hereinafter referred to as the “profile data”) is true and complete. The user is obliged to keep their data up to date at all times and, in the event of changes, to update their data in their user account. The use of pseudonyms is not permitted.
4.11. By registering, the user creates a password for their user account. The user may change the password in their user account at any time. The user may not disclose the password to third parties or make it accessible to them and must keep it safe in order to avoid misuse. The user is obliged to inform helpindeal immediately if the password has been lost or if the user becomes aware that unauthorised third parties have gained knowledge of the password. The user shall be liable for any misuse by third parties unless the user proves that they are not at fault.
4.12. Each user may register only once for private and/or business use of the helpindeal services. A user account is not transferable to other users.
4.13. The user may correct any entries made during the online registration process at any time before submitting the registration by using the usual keyboard and mouse functions.
4.14. helpindeal stores the contractual terms, including the GTC, upon conclusion of the contract in compliance with data protection rules and sends them to the user in text form (by e-mail) after the user has placed the order.
4.15. The contract is concluded exclusively in German.
4.16. In any communication of the user with other users, any contractual relationships arise exclusively between the users involved. helpindeal, as the provider, is neither an agent nor itself a contractual partner.
4.17. The user must ensure that the e-mail address provided by the user for registration purposes is correct so that e-mails sent by helpindeal can be received at that address. In particular, when using spam filters, the user must ensure that all e-mails sent by helpindeal or by third parties commissioned by helpindeal to process the order can be delivered.
5. Right of withdrawal
5.1. As a consumer, the user who uses helpindeal's classifieds marketplace as a member for a fee is entitled to a fourteen-day right of withdrawal in accordance with statutory provisions.
5.2. Further information on the right of withdrawal can be found in helpindeal's withdrawal instructions.
- Withdrawal instructions -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal, you must inform us (Cinja Christnacht, Kicke 7, 51427 Bergisch Gladbach, Germany, e-mail: info@helpindeal.com, telephone: + 49 (0) 2204 - 4091152) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we are informed of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement.
If you requested that the services begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time when you inform us of the exercise of the right of withdrawal with respect to this contract, compared with the total scope of the services provided for in the contract.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal expires prematurely if we have fully performed the service and only began performing the service after you gave your express consent and at the same time confirmed your acknowledgment that you will lose your right of withdrawal once we have fully performed the contract.
- End of withdrawal instructions -
Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to us.
To
Cinja Christnacht,
Kicke 7,
51427 Bergisch Gladbach,
Germany,
E-mail: info@helpindeal.com
I/we (*) hereby withdraw from the contract concluded by me/us (*)
for the purchase of the following goods (*) / the provision of the following service (*)
________________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only for notification on paper)
_________________________
Date
(*) Delete as applicable
6. General duties of cooperation of the user
6.1. Unless expressly permitted by helpindeal, the user may use the classifieds marketplace only within the scope of the contractually intended purposes. Any abusive use beyond this purpose is prohibited to the user.
6.2. The user may not use advertising messages (in particular spam messages) without the consent of helpindeal and the user (recipient).
6.3. If the user uses the option to inform third parties about the existence of the classifieds marketplace via the referral function provided by helpindeal, the user must ensure that the third party agrees to receive the promotional referral e-mail.
6.4. If the content contains hyperlinks to third-party sites, the user warrants that they are authorized to use the hyperlink and that the website to which it refers (“landing page”) complies with applicable law and the rights of third parties.
6.5. The user is obliged to handle log-in data with care. The user is strictly prohibited from passing log-in data on to third parties and/or enabling third parties to access the profile by circumventing the log-in data.
6.6. The user is obliged to cooperate in the clarification of attacks by third parties on the classifieds marketplace, insofar as such cooperation is necessary on the part of the user.
6.7. The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the classifieds marketplace or the technical infrastructure underlying it. This includes in particular:
● the use of software, scripts or databases in connection with the use of the classifieds marketplace;
● the automatic reading, blocking, overwriting, modifying or copying of data and/or other content, insofar as this is not required for the proper use of the classifieds marketplace.
6.8. Furthermore, the user must ensure that the information and data transmitted via the classifieds marketplace are not contaminated with viruses, worms or Trojan horses.
6.9. It is also impermissible because it violates personal rights to lift the anonymity of other users or disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their posts, or otherwise disclose, any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
6.10. Furthermore, the following actions by the user are expressly prohibited and shall be deemed abusive use of the classifieds marketplace:
● publishing own or third-party telephone numbers, internet addresses or other contact details in the text area;
● systematic reading of other users' contact data for the purpose of passing it on to third parties;
● unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages;
● incitement of other users to abusive use of the classifieds marketplace;
● extensive or permanent use of the classifieds marketplace for publishing and distributing content that does not objectively correspond to the purpose or subject matter of the classifieds marketplace or its blogs and forums and that may impair the attractiveness of the classifieds marketplace for other users;
● use of false identities for registration, posting content or sending messages.
6.11. If there are disruptions in the use of the classifieds marketplace or its functionalities, the user will inform helpindeal of such disruption without delay. The same applies if the user obtains information about content published by third parties that clearly violates applicable law or the rights of third parties.
If you withdraw from this contract, we shall reimburse to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract is received by us. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you informed us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract.
Exclusion or early expiry of the right of withdrawal
The right of withdrawal expires prematurely if we have fully performed the service and only began performing the service after you gave your express consent and at the same time confirmed your acknowledgment that you will lose your right of withdrawal once the contract has been fully performed by us.
- End of withdrawal instructions -
Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it to us.
To
Cinja Christnacht,
Kicke 7,
51427 Bergisch Gladbach,
Germany,
E-mail: info@helpindeal.com
I/we (*) hereby withdraw from the contract concluded by me/us (*)
for the purchase of the following goods (*) / the provision of the following service (*)
________________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only for notification on paper)
_________________________
Date
(*) Delete as applicable
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only for notification on paper)
_________________________
Date
(*) Delete as applicable
6. General duties of cooperation of the user
6.1. The user may use the classifieds marketplace only within the scope of the contractually intended purposes unless expressly permitted by helpindeal. Any abusive use beyond this purpose is prohibited to the user.
6.2. The user may not use advertising messages (in particular spam messages) without the consent of helpindeal and the user (recipient).
6.3. If the user uses the option to inform third parties about the existence of the classifieds marketplace via the referral function provided by helpindeal, the user must ensure that the third party agrees to receive the promotional referral e-mail.
6.4. If the content contains hyperlinks to third-party sites, the user warrants that they are authorized to use the hyperlink and that the website to which it refers (“landing page”) complies with applicable law and the rights of third parties.
6.5. The user is obliged to handle log-in data with care. The user is strictly prohibited from passing log-in data on to third parties and/or enabling third parties to access the profile by circumventing the log-in data.
6.6. The user is obliged to cooperate in the clarification of attacks by third parties on the classifieds marketplace, insofar as such cooperation is necessary on the part of the user.
6.7. The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the classifieds marketplace or the technical infrastructure underlying it. This includes in particular:
● the use of software, scripts or databases in connection with the use of the classifieds marketplace;
● the automatic reading, blocking, overwriting, modifying or copying of data and/or other content, insofar as this is not required for the proper use of the classifieds marketplace.
● the use of software, scripts or databases in connection with the use of the classifieds marketplace;
Furthermore, the user must ensure that the information and data transmitted via the classifieds marketplace are not contaminated with viruses, worms or Trojan horses.
6.9. It is also impermissible because it violates personal rights to lift the anonymity of other users or disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their posts, or otherwise disclose, any information that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.
6.10. Furthermore, the following actions by the user are expressly prohibited and shall be deemed abusive use of the classifieds marketplace:
● publishing own or third-party telephone numbers, internet addresses or other contact details in the text area;
● systematic reading of other users' contact data for the purpose of passing it on to third parties;
● unreasonable harassment of other users through aggressive, obscene, insulting, defamatory or intrusive forum posts or messages;
● incitement of other users to abusive use of the classifieds marketplace;
● extensive or permanent use of the classifieds marketplace for publishing and distributing content that does not objectively correspond to the purpose or subject matter of the classifieds marketplace or its blogs and forums and that may impair the attractiveness of the classifieds marketplace for other users;
● use of false identities for registration, posting content or sending messages.
6.11. If there are disruptions in the use of the classifieds marketplace or its functionalities, the user will inform helpindeal of such disruption without delay. The same applies if the user obtains information about content published by third parties that clearly violates applicable law or the rights of third parties.
7. User's duties of cooperation with regard to posting content
7.1. The user undertakes not to store any unlawful content on the storage space made available that violates laws, official requirements or third-party rights.
7.2. The user undertakes vis-à-vis helpindeal that any content posted on the classifieds marketplace does not violate applicable law or good morals by its content or form. Furthermore, the user is prohibited from posting content that infringes rights, in particular trademark rights, patents, other industrial property rights or trade secrets of third parties. The same applies to the setting of external links.
7.3. If the content provided by the user violates applicable law, good morals, statutory or official prohibitions, helpindeal may reject the corresponding processing orders. A violation exists in particular where content is made available that relates to, depicts or contains the following points:
● hostility to the constitutional order;
● racism, xenophobia and discrimination;
● endangerment of young persons and/or glorification of violence and extremism of any kind;
● calls for and incitement to criminal offences and violations of law, threats to body, life or property;
● incitement against persons or companies;
● statements infringing personal rights, defamation, slander and malicious gossip about users and third parties;
● copyright-infringing content or other infringements of intellectual property rights as well as violations of unfair competition law;
● sexual harassment of users and third parties;
● offensive, sexist, obscene, pornographic, vulgar, abhorrent or disgusting materials and expressions.
7.4. Copyright-protected content may only be included without the consent of the respective rights holder within the scope of the applicable right of quotation. Quotations must be marked by highlighting them using the quote function and providing a source reference, and must establish an intellectual connection to the quoted work. Foreign-language quotations must additionally be translated into German to the extent necessary to make the content roughly understandable. In particular, posts that are not correctly cited may be removed or corrected by the moderators. The distribution and/or public reproduction of any content from the classifieds marketplace without the consent of helpindeal is prohibited.
7.5. helpindeal reserves the right to block third-party content if it is punishable under applicable law or is recognizably intended to prepare criminal acts.
7.6. helpindeal is entitled to delete the ads or other content posted by the user, or not to publish ads or other content, after reports from other users, if there are concrete indications that the content of the ad or other content violates these Terms and Conditions or statutory requirements, or that the user has otherwise culpably breached contractual obligations. In the event of a violation of clauses 6 and 7, helpindeal is entitled to warn the user and/or exclude the user temporarily or permanently from using the classifieds marketplace and may, if necessary, initiate civil and criminal proceedings. In no case do user contents represent the opinion of helpindeal, and helpindeal does not adopt them as its own.
7.7. If a user has violated these Terms and Conditions and the user agreement has been terminated, that user is no longer entitled to use the classifieds marketplace or register for it again. In addition, the user is not entitled to use the classifieds marketplace with another user account.
7.8. For business users, the following also applies: the user undertakes vis-à-vis helpindeal to comply with legal requirements (in particular compliance with the Minimum Wage Act or other employee protection regulations, fulfillment of any reporting obligations, obtaining permits, and consideration of tax aspects), provided that the deal is a legal transaction between a business and a consumer or between two businesses and/or an employment relationship (fixed-term or permanent) is concluded. The publication and execution of deals between a business and a consumer or between two businesses is possible only by using the user's own, if available, contracts or general terms and conditions, withdrawal policy, privacy policy, and legal notice.
8. Support
helpindeal will answer users' inquiries about the use of the classifieds marketplace after receipt of the respective question in text form (by email).
9. Prices, remuneration, and payment terms
9.1. Unless otherwise stated in helpindeal's offer, the prices stated for the respective subscriptions (hereinafter referred to as "subscription fees") are total prices. Unless otherwise agreed between the parties, the subscription fees shall be based on helpindeal's price list valid at the time the contract is concluded, available via the link below. The stated subscription fees are in EURO and are gross prices including the statutory value-added tax applicable on the day the invoice is issued.
9.2. helpindeal reserves the right in future to adjust the subscription fees at its reasonable discretion in order to preserve the price-performance ratio and to respond appropriately to increases or decreases in costs and resulting cost situations that cannot otherwise be offset. The cost elements or adjustment benchmarks to be considered for fee adjustments may include modification, expansion and/or adaptation of the usage options of helpindeal's classifieds marketplace subject to the contract, administrative and overhead costs (rent, financing and transaction costs, personnel and service-provider costs, energy and internet access costs, IT development costs, etc.) as well as taxes, fees, charges and other levies imposed by public authorities. Any fee adjustments shall take effect one (1) month after notification. The user's right of termination under clause 14.7 of these Terms and Conditions remains unaffected.
9.3. Payment processing between the user and helpindeal is carried out via the payment service provider Stripe Payments Europe, Limited., The One Building, 1 Grand Canal Street Lower, Dublin 2, D02 H210, Co. Dublin, Ireland (hereinafter referred to as "Stripe"). helpindeal uses Stripe Billing for payment processing. Stripe Billing consists of programmable APIs and tools that enable the user to accept payments via helpindeal's classifieds marketplace. Registration with Stripe Billing is required to use Stripe Billing. After the user places an order in the online shop, helpindeal requests Stripe to initiate the payment transaction. Stripe collects the due subscription fees on behalf of helpindeal from the user's payment method and holds the subscription fees in a non-interest-bearing escrow account. For this purpose, helpindeal sets up its own escrow account with Stripe. The payout of the subscription fees is carried out automatically by Stripe to helpindeal. If the payment process is not honored due to insufficient account funds or because incorrect bank details were provided, or if the user objects to the debit although not entitled to do so, the user must bear the fees incurred by helpindeal from the chargeback of the respective credit institution, insofar as the user is responsible for this. Further information on Stripe can be found on the internet at https://stripe.com/de/legal, https://stripe.com/de/privacy or https://stripe.com/payment-terms/legal.
9.4. The user is only entitled to rights of set-off if his or her counterclaims have been finally determined by a court or are undisputed and linked to helpindeal's main claim by reciprocity or have been acknowledged by helpindeal.
9.5. If, after conclusion of the contract, it becomes apparent (e.g. through an application for the opening of insolvency proceedings) that helpindeal's claim to remuneration is jeopardized by the user's lack of ability to perform, helpindeal shall be entitled under the statutory provisions to refuse performance and, if necessary after setting a deadline, to withdraw from the contract (§ 321 BGB).
10. Use rights
10.1. The user grants helpindeal a geographically and temporally unlimited, irrevocable, transferable to third parties, non-exclusive, free right to exploit the content posted in the online offer. helpindeal is entitled at any time to use, edit and exploit the content. This includes in particular the right of reproduction, distribution and public communication, especially the right of making available to the public. In this respect, the user waives the exercise of the right to be named, without thereby waiving the right to recognition of authorship as such. This does not affect the user's ability to grant third parties rights to posted content under specific license models.
10.2. helpindeal is entitled to delete or deactivate content posted by the user if it infringes the rights of third parties or if third parties assert claims due to an infringement of rights that cannot obviously be ruled out as unfounded.
10.3. If helpindeal becomes aware of a possible infringement of rights by the user's content, it will notify the user thereof without undue delay in text form.
10.4. All rights to the content of the classifieds marketplace belong to helpindeal. The user is permitted to reproduce, distribute and/or publish content that helpindeal or other users have posted in the classifieds marketplace only within the scope of the "sharing function" pursuant to clause 3.6 of these Terms and Conditions.
11. Liability and indemnification
11.1. With regard to the services provided by helpindeal, helpindeal, its legal representatives and vicarious agents shall be liable only in cases of intent or gross negligence.
11.2. In the event of a breach of material contractual obligations, liability also exists in cases of slight negligence, but is limited to the foreseeable damage typical for this type of contract.
11.3. Essential contractual obligations are those obligations which the contract of helpindeal imposes by its content in order to achieve the purpose of the contract, the fulfillment of which makes proper performance of the contract possible in the first place and on compliance with which the user may regularly rely (so-called cardinal obligations). Claims for damages arising from injury to life, body or health, as well as claims under the Product Liability Act, remain unaffected by the above limitations.
11.4. The user shall indemnify helpindeal and its employees or agents against all claims of third parties arising from alleged or actual infringement of rights and/or infringement of rights of third parties by actions taken by the user in connection with the use of the classifieds marketplace, provided that helpindeal is not at least predominantly responsible for the claims and liability. helpindeal is predominantly responsible for damages that arose causally due to its rights to issue instructions under this contract. Otherwise, Section 254 BGB shall apply. The user shall inform helpindeal without delay if third parties assert claims against helpindeal that fall under the above indemnification obligation. The user is obliged to provide helpindeal immediately, completely, truthfully and without delay in text form with all information available to the user concerning the matter in question. Any further claims of helpindeal remain unaffected.
11.5. In addition, the user undertakes to reimburse all costs incurred by helpindeal as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defense.
11.6. Otherwise, helpindeal's liability is excluded.
12. Personal data and data protection
12.1. The user hereby consents to the storage of the personal data entered by the user. This also applies to the storage of IP addresses transmitted each time the classifieds marketplace is used. The user also expressly consents to the display of the personal data entered by the user in the user's profile within the classifieds marketplace to other users and third parties who are not users of the classifieds marketplace. Further details can be found in helpindeal's privacy policy.
12.2. The use of the classifieds marketplace makes the collection, processing and use of personal data by helpindeal unavoidable. helpindeal assures that all stored data will be handled carefully and processed exclusively within the scope of the user's consent under data protection law. Any use of personal data beyond this will only take place if permitted by law or if the user has previously consented.
12.3. The user also agrees that helpindeal may use the user's personal data for direct marketing purposes. This includes promotional contact with the user by email.
12.4. Otherwise, the statutory data protection provisions apply, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act as amended (BDSG-neu) and the Telemedia Act (TMG).
13. Force majeure
13.1. helpindeal is released from its obligation to perform under this contract if and to the extent that the non-performance of services is attributable to the occurrence of force majeure after conclusion of the contract.
13.2. Circumstances of force majeure include, for example, war, strikes, riots, expropriations, sovereign orders, pandemics, fundamental changes in the law, storms, floods and other natural disasters, as well as other circumstances for which helpindeal is not responsible, in particular water ingress, power outages and interruptions or destruction of data-carrying lines.
13.3. helpindeal will inform the user without delay in an appropriate manner if a case of force majeure occurs.
14. Term and termination
14.1. In the case of a free user account, the contract runs for an indefinite period and may be terminated by the user at any time without notice and without stating reasons.
14.2. If the user has taken out one of the paid subscriptions in accordance with clause 2.3 of these Terms and Conditions, the respective subscription runs for the minimum contract term stated in its service description. Further information on the subscriptions offered can be found under the link. The respective subscription may be terminated by the user at any time, but at the latest 30 days before the expiry of the minimum contract term stated in the service description. If no notice of termination is given, the subscription is automatically extended by the minimum contract term stated in the respective service description unless terminated no later than 30 days before expiry of the minimum contract term.
14.3. The user may also switch from one subscription to another at the end of the minimum contract term of the user's existing subscription stated in the service description. Otherwise, the provisions of clause 14.2 apply accordingly.
14.4. Notice of termination must be given in text form (by email) or may be declared implicitly by the user by deactivating the user account. In the event of termination, the user's profile will be deleted; however, his published content will remain in existence, without any link to his profile. Before the end of the contract, the user is obliged to back up and export his data independently.
14.5. In the case of a free user account, helpindeal is entitled to terminate the user agreement with 30 days' notice.
14.6. In addition, helpindeal will exercise its right to ordinary termination and deletion of the user account if the user has not logged in for at least one (1) year and/or has not responded to a reminder message.
14.7. The right of either party to terminate the contract without notice for good cause remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period. In addition to termination subject to a notice period, helpindeal is entitled to terminate the user agreement without notice if there is good cause. Good cause exists in particular if the user
● persistently and seriously breaches contractual obligations (clauses 6 and 7);
● culpably and seriously violates statutory provisions in the course of use.
15. Alternative dispute resolution
15.1. For consumers, the following also applies: The EU Commission provides an online dispute resolution platform on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2. helpindeal is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board / universal arbitration board.
16. Amendment of the Terms and Conditions
16.1. helpindeal reserves the right to amend these Terms and Conditions at any time without giving reasons, unless this is unreasonable for the user. helpindeal will notify the user of changes to the Terms and Conditions in text form in good time. If the user does not object to the validity of the new Terms and Conditions within four (4) weeks of notification, the amended Terms and Conditions shall be deemed accepted by the user. helpindeal will point out the right to object and the significance of the objection period in the notification. If the user objects to the changes within the aforementioned period, the contractual relationship shall continue under the original terms.
16.2. helpindeal also reserves the right to amend these Terms and Conditions
● to the extent that it is obliged to do so due to a change in the legal situation;
● to the extent that it complies with a court judgment or an official decision against it;
● to the extent that it introduces additional, entirely new services, service features or service elements that require a description of services in the Terms and Conditions, unless the existing user relationship is thereby adversely changed;
● if the change is solely beneficial for the user; or
● if the change is purely technically or operationally necessary, unless it has significant effects for the user.
16.3. The parties' right of termination remains unaffected.
17. Final Provisions
17.1. For these Terms and Conditions and the contractual relationship between the parties, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For 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 or her habitual residence.
17.2. If the user is a consumer and has no general place of jurisdiction in Germany or in another EU Member State, the exclusive place of jurisdiction for all disputes arising from this contract shall be helpindeal's place of business in Bergisch Gladbach.
17.3. If the user is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship shall be helpindeal's place of business in Bergisch Gladbach. In all cases, helpindeal is also entitled to bring an action at the place of performance of the obligation pursuant to these Terms and Conditions or any prior individual agreement, or at the user's general place of jurisdiction. Mandatory statutory provisions, in particular those concerning exclusive jurisdictions, remain unaffected.
Status: 16.06.2021