GENERAL TERMS AND CONDITIONS

  1. General
    1. rateit.cool is a service by Cool Services GbR (hereinafter referred to as “Cool Services”). By accessing and using this service, i.e. opening and online-account, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
    2. The service is directed at companies.
    3. Cool Services reserves the right to complement, extend, change, discontinue or improve services offered, in particular, where such measures will improve the technological standard of services or are deemed necessary for preventing abuse. The modifications can be used to adjust the appearance of the rateit.cool webpages. Cool Services will only make such modifications if they are reasonable and acceptable for the user or if their implementation is required by law. With the consent of the user, Cool Services may change the content of the existing contract and these terms and conditions. Approval of the amendment shall be deemed granted if the user does not object to the change within one month of the notification of change. In the course of the change notification, Cool Services engages to inform the user about the consequences of non-objection.
  2. Subject of Contract, Modification of Contract
    1. Cool Services provides the online service rateit.cool. It’s a tool with which the user can rate products and/or online shops. Through the provided service, users are able to independently rate products and query these ratings.
    2. Costs are invoiced in a fixed monthly amount that includes a minimum order of service calls. The user agrees to electronic invoicing. The invoice will bear no signature.
    3. Free services as well as services granted freely above and beyond the contents of the contract can be limited or discontinued at any time without justification or prior notification, without the customer being entitled to them.
    4. Cool Services is entitled to block the access of a user, if this user is not paying his fee or if his account shows a negative result.
    5. For the provision of services, Cool Services is entitled to call upon third parties at any time and to any extent.
  3. Personal Data
    1. The user confirms that all the personal data provided is true and complete. The user also accepts his personal data is stored in electronic form.
    2. Any forwarding of the data to third parties shall not take place without permission of the user or unless it shall be necessary to implement the service package. Each user is required to keep his personal data up to date. The user is required to keep the login data confidential as to prevent misuse by unauthorized third parties.
  4. Terms of contract
    1. The contract starts by accepting the general terms and conditions, creating a user account and the privacy policy. Unless otherwise specified in the respective service descriptions, the contract has a term of four weeks and renews automatically for the same period if the contract is not terminated on the last working day of the previous month. In case of notice of termination via e-mail, the notice must be sent from the given user e-mail address. The termination notice shall include the username and the termination date.
    2. Cool Services shall be entitled, without stating reasons, to exercise extraordinary termination of the contractual relationship and/or withdraw from the contract within a period of three months. In this event, fees paid in advance would be refunded to the users. The non-observance of one of the previously mentioned duties (section 5), if brought to attention, can result in immediate cancellation of the contract as well as bear civil and criminal law consequences for the user personally. In this case, fees paid in advance would not be refunded. Cool Services is further entitled to block access if fees are not paid. The contract remains unaffected from the termination of additional selected options subject to payment.
    3. After the termination of the contract, Cool Services is no longer obliged to provide the contractual service. Cool Service is entitled to delete all user data available on the server, product data and rating. Any forwarding of the complete feedbacks on a server of a third party is not possible. The user can export his data in form of csv-, json- or xml- files before termination of contract. The due data storage and backup is the user’s sole responsibility.
  5. Clients Obligations
    1. The user is sole responsible for all content stored and published in his feedbacks. Cool Services is not obliged to monitor the users’ feedbacks for possible law violations.
    2. The user engages to observe all respective national laws and regulations as well as those of the Federal Republic of Germany.
    3. The user engages not to take any action while using this service that violate the right of third parties (incl. their personality rights).
    4. The user engages not to provide content that contravenes legal or official orders or is immoral (especially pornographic, racist, xenophobic, right-wing extremist or otherwise reprehensible content) or the right of third parties (especially personality rights, trademarks, names and copyrights).
    5. Should Cool Services be made liable as co-responsible (i.e. omission, cancellation, rectification, compensation, etc.), due to illegal content published by the user on his own webpage, the user shall be required to reimburse Cool Services all expenses resulting therefrom. The user shall be required as well to support Cool Services by any means to defend against such claim.
  6. Terms of payment
    1. Invoices are issued until the third day of the month on basis of the calculation of the user’s consumption the previous month on rateit.cool.
    2. It is the user’s sole responsibility to ensure that there are sufficient funds in his account during at all times.
    3. The fare will automatically debited from the available funds on the user account.
    4. If, after invoicing, the user account has a debit balance, this account will be blocked automatically for the REST-API, regardless of the question of liability. In this event, the user is obliged to compensate the debit.
  7. Disruptions in Performance
    1. Cool Services strives for a greatest possible availability and error-free functionality.
    2. However, the user acknowledges and agrees that because of technical reasons, e.g. disturbance of telecommunications nets, an absolute permanent availability of the rateit.cool Service is not possible. Only temporary disturbances and impossibilities of access of the rateit.cool Service do not give users a right to claim for warranty or exceptional termination because of important matters. In addition to the possible access restrictions due to circumstances beyond the control of Cool Service, Cool Service also reserves the right to impose temporal and/or complete access restrictions, particularly where the rateit.cool page is temporarily disabled for the purpose of installing technical improvements or eliminating errors and defects, etc.
  8. Warranty
    1. Cool Services is not liable for the loss of user data. Cool Services is also not liable for unauthorized access to personal user data by third parties (e.g. unauthorized access to the data base by “hackers). Cool Services is not liable for the details and information users have made accessible to third parties. This applies especially when users made information available themselves, which are subsequently misused by these third parties.
    2. Cool Services is not liable for content and activities originating from users.
    3. Cool Services is not liable for revenue loss or any damages resulting from a technical disruption or access restriction of rateit.cool. Any claims against Cool Services are excluded, except compensation for injuring life, body and health. Damages due to intent or gross negligence or a gross fault committed by Cool Services, a representative or a simple accomplice can be claimed.
    4. In the event of a liability, the maximum sum Cool Services or its associated companies shall have to pay is fixed to the equivalent of an annual salary.
  9. Privacy Policy
    1. Cool Services collects, processes and uses personal data of a user. For more details, please refer to our data protection statement and privacy policy on rateit.cool.
    2. The user is aware of the fact that, from technically speaking any of the data stored on the server can be viewed at any time by Cool Services and that there is a theoretical possibility that this data, while transmitted over the Internet, may be accessed by unauthorized third parties.
    3. The data collected by the user (product and online shop feedbacks) belong to him and can, within the range of the technical possibilities, be exported at any time. The user grants Cool Services the basic, spatial and temporal unlimited rights.
  10. Cancellation
    1. The contract can be cancelled without giving reasons within a fortnight. It shall be done in written form (e.g. letter, fax, e-mail). The deadline shall start following receipt of this notification in text form, but not prior to the conclusion of the agreement nor fulfillment of our duties of disclosure pursuant to Art. 246 Sect. 2 in relation with Sect. 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) as well as our duties pursuant to Art. 312g Sect. 1 German Civil Code (BGB) in relation with Art. 246 Sect. 3 EGBGB. The timely dispatch of the cancellation shall be deemed sufficient for compliance with the cancellation term.
    2. The cancellation must be addressed to: info@rateit.cool or Cool Services GbR, Cancellation, Ida-Kerkovius-Weg 47a, 70569 Stuttgart, Germany.
    3. Consequences of the cancellation: In the event of a valid cancellation, the services received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered. Obligations to reimburse payments shall be met within a period of 30 days. The deadline for Cool Services shall start following receipt of the cancellation notice.
  11. Rights
    1. Cool Services grants the user of rateit.cool the basic, spatial and temporal unlimited right to use this service according to the contract.
    2. Any further-reaching use as that describe in clause 1 is not permitted. In particular, the user is prohibited from issuing sublicenses and from copying, renting out or exploiting the services in any other way.
  12. Governing Law / Miscellaneous
    1. Should individual provisions of this contract be or become invalid, then the validity of the rest of the contract shall remain unaffected.
    2. The user is informed that according to Art. 33 Sect. 1 of the Federal Data Protection Act (BDSG) and Art. 4 of the Teleservice Data Protection Decree (Teledienst Datenschutz-Verordnung), his data is recorded in machine-readable form and mechanically processed for purposes resulting from the contract.
    3. These terms and conditions are governed by the laws of the Federal Republic of Germany. This shall also apply to the registration of users from other countries. Place of jurisdiction is the location of Cool Services.

Cool Services GbR
Ida-Kerkovius-Weg 47a
70569 Stuttgart
Germany

Last update June 2015

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