We, the Humancredit gGmbH, c/o Social Impact Lab, Muskauer Straße 24, 10997 Berlin („Humancredit“ or „We“) operate an online platform under www.humancredit.cc (the “Platform”). The following General Terms and Conditions (“T&C”) govern your registration on the Platform, your use of the Platform and your use of our add-on Humancredit (“Add-on”). We tried to formulate our T&C as short and as clear as possible. Please read them carefully.
(1) Other terms and conditions do not apply, regardless of whether or not we expressly object to them in a particular case. (2) Our Services are directed to both Consumers and Business Customers. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(1) Registration is necessary for the use of our Platform and the Add-on. As part of the registration process, you receive a username and a password. You have to keep the personal login credentials confidential and prevent any unauthorized use by third parties. (2) The registration is free of charge. There is no entitlement to registration. We might link the registration to other requirements (e.g. verification of registration data, creditworthiness check, etc.). During the registration process you have to transfer all required data truthfully and completely. You have to notify us immediately and unsolicited about any changes in his information that was given in his registration. (3) You are obliged to supply an email address during the registration process. Any communication vis-à-vis you may also be forwarded by e-mail to this email address, unless provided otherwise by law or contract.
3. Conclusion of Contracts
(1) A contract regarding the use of the Platform is concluded when we confirm your registration. (2) After your registration you can order the Add-on. A contract regarding the use of the Add-on is concluded when we confirm your order. (3) There is no claim to conclusion of contract.
4. Services of Humancredit
(1) We provide our services in accordance with the latest state of the art in technology. (2) We are entitled to have our services performed by third parties.
5. Use of the Add-on
(1) The use of the Add-on is free of charge. (2) At the conclusion of contract we grant you for the non-exclusive, non-transferable right to use the Add-on for the lifetime of the contract for internal purposes. (3) No more extensive rights to use and exploit the Add-on are granted to you. You may not modify entirely or partially, reverse engineer, decompile, or disassemble the Add-on. (4) You may adapt the Add-on to the extent permitted in its settings.
6. Use of the Platform
(1) You have to act according to the destined functions of the Platform. Any inappropriate or illegal use, manipulation, or change of the Platform is prohibited. (2) It is particularly forbidden to use the Platform a) to carry out or to support anticompetitive practices, b) to copy or to read out contents like offers, tables, or data sets for commercial uses; c) to use pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral contents or to advertise, offer, or sell such products; d) to use malware; e) to upload contents that affect or infringe the rights of third parties or that are covered by copyrights, unless you own the respective copyright or you have the permission of the copyright owner; f) to influence the availability of the services of the Platform in a negative way for other users, including the interception of messages, the transmission of junk mail, and the transmission of messages for commercial purposes; g) to use temporary e-mail addresses.
7. Duration and Termination of the Contract
(1) Contracts - both regarding the use of the Platform and the use of the Add-on – are concluded for an indefinite term. (2) You may terminate contracts anytime without giving reason and without notice. (3) We may terminate a contract anytime without giving reason by sending an e-mail to you 14 days before the date of termination. (4) The right to termination for cause remains unaffected. A good cause, which shall entitle us to terminate a contact extraordinarily, is given in particular if you infringe our rights of use by using Platform or Add-on beyond what is allowed by the contract and not discontinuing the after a respective written warning by us within an adequate time period.
8. Set-off rights; Rights of retention
You only are entitled to set-off rights, if your counterclaims are found absolutely or are undisputed. If you are a Business Customer the same shall apply to rights of retention.
(1) We are unrestrictedly liable - in cases of deliberate intention or gross negligence - in cases of damages to life, body and health, - according to the provisions in the Produkthaftungsgesetz and - in cases of warranting. (2) In cases of slight negligence and if we have infringed a fundamental duty whereby the purpose of the contract is threatened, we are only liable to the amount of the predictable damages that is typical for the respective contract. (3) Our liability for losses of data shall be limited to the amount equal to that which would have applied had you secured the data properly and on a regular basis. (4) Further liability is excluded. (5) The above-mentioned restriction of liability also shall apply to the personal liability of our employees, representatives, agents and institutions.
10. Data Protection
11. Transfer of Rights and Obligations to third parties
We shall be entitled to wholly or partly transfer the rights and obligations arising out of this contract to third parties without giving notice. In this case you shall be entitled to terminate the contract to the date of transition.
12. Final Provisions
(1) Any contracts entered into between us and you shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. (2) If you are a corporation, limited liability company or commercial partnership or otherwise operate a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or you are a legal entity or special fund organized under public law, the courts in Berlin (Germany) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or you may file suit before any court of competent jurisdiction under applicable law. (3) If individual terns are invalid, this does not affect the validity of the other terms. The invalid provision shall be deemed to be replaced by a statutorily feasible provision which economically most closely reflects the purpose of the invalid provision. The same applies in the event that the agreement contains any omissions. (4) We reserve the right to change these General Terms and Conditions at any time and without giving reasons for doing so. You shall be notified of any changes in written form or via email at least four weeks prior to any such changes coming into effect. Unless you object to the applicability of the new terms within six weeks of notification, the changes shall be deemed accepted by you. We shall again make specific reference to the importance of this objection period in our notice. If you oppose the changes in due time the contract shall continue without any changes on the previous terms; in this case we reserve the right to terminate the contract.