timeacle
User conditions/General conditions of business

1. Preamble

1.1 The services of timeacle systems of timeacle GmbH & Co. KG, Zirkusweg 1, 20359 Hamburg (hereinafter: „timeacle”) extend to various websites with different top level domains (timeacle.com, timeacle.de etc.) as well as different sub-domains and aliases of the respective domains. Furthermore the services extend to various hard and software solutions (terminals, input devices etc).

1.2 User conditions and general conditions of business (hereinafter: „general business conditions”) are valid for all private users (hereinafter: „user”) as well as for all business customers of timeacle. The user conditions and general business conditions regulate the contractual relationship between the user and timeacle as well as the business customer and timeacle. timeacle acts exclusively as intermediary for offers from business customers. On acceptance of the offers of business customers the user concludes an individual agreement with the business customer. In this contractual relationship between the user and the business customer the respective general business conditions of the business customer apply. timeacle does not assume any liability concerning the general business conditions and data protection declarations of the offers by the business customers or the offers of the business customer themselves. Timeacle is not liable for the provision of the services or deliveries described in the offers of the business customers.

1.3 On registering as user and/or business customer at timeacle or as a non-registered user you accept the following general business conditions.

2. Object of the contract

User
2.1 The timeacle system offers users the possibility of retrieving information on offers and services in the area, to make reservations, use queueing systems with waiting numbers and appointment waiting numbers, to enquire about waiting times, receive and redeem vouchers.

2.2 The timeacle system can be utilized in principle by the user for searching for information without having to register . In this case by using the services you make an offer to conclude an agreement for the duration of the use of the timeacle system in accordance wioth these general business conditions which timeacle accepts by providing the service.

2.3 The user is to register before using the services of timeacle systems. The user ensures that all data provided on registration is true and complete and is obliged to disclose changes to the user data without delay. Pseudonyms or stage names are not permitted. The user selects a password on registration. The user is obliged to keep the password confidential. timeacle will not provide third parties with the password and not ask the user at any point of time for the password. Each user may only register once and only set up one user profile. By completing the registration process the user offers to conclude a contract on the use of the services of the timeacle system. timeacle accepts the offer by releasing the user for the services of the timeacle system. On acceptance the contract is concluded between the user and timeacle. The user does not however receive any claim to the use of the timeacle system.

Business customers
2.4 The timeacle system provides business customers with the possibility of supplying information and offers to their company, offer reservations and call systems with waiting numbers and appointment numbers, offer vouchers as well as displaying products and services and if necessary offering them for sale.

2.5 The business customer is to register before accepting the services of timeacle systems. The business customer ensures that all the data provided on registration is true and complete and is obliged to show timeacle any changes to their data without delay. The business customer selects a password on registration. The business customer is obliged to keep the password confidential. timeacle will not provide the password to third parties and not ask the business customer for the password at any time. By completing the registration process the business customer offers to conclude a contract on the use of the services of the timeacle system. timeacle accepts the offer by releasing the business customer for the services of timeacle system. On acceptance the contract is concluded between the business customer and timeacle.

2.6 The structure of the conditions provided resides with the business customer for all offers in the timeacle system.

3. Prices/Payment

3.1 All prices stated for business customers are subject to statutory sales tax. All prices stated for users are inclusive of statutory sales tax.

3.2 Unless otherwise agreed all invoice amounts are due immediately for the entire period at the start of the period and payable within fourteen (14) days after invoice date to timeacle.

3.3 Should it not be possible to obtain payment, the user and/or business customer is liable for all costs arising, especially bank charges in connection with the return of the direct debit orders or other comparable charges, to the extent of those costs relating to the event caused.

3.4 The offeror is entitled to adjust the respective prices for business customers a maximum of once a year on 01 January per calendar year to changed market conditions or where there are considerable changes to purchasing or labor costs, changes to sales tax or purchasing prices. Price increases that considerably exceed the regular increase in the cost of living provides the customer with reason to terminate the contract. The offeror is to inform the customer in writing in these cases.

4. The duration and termination of the contract

User
4.1 The contractual relationship between timeacle and the user is of unlimited duration and can be terminated by both parties at any time without providing any reasons. The user can terminate by simply sending an e-mail to support@timeacle.com or by fax to +49 (0)40 - 36 88 00 309 with reference to the registered email address of the user. The termination by timeacle takes place by email to the registered email address of the user. Furthermore timeacle has the option of blocking access to the services of the timeacle system. On termination of the contractual relationship or blocking the user there is no claim to a refund of any payments made to timeacle.

Business customer
4.2 The contractual relationship between timeacle and the business customer is initially for the minimum user period of the services booked on the timeacle system by the business customer. Subsequently the services booked extend automatically for a further twelve (12) months unless otherwise agreed in writing, should they not be terminated in good time by the business customer or timeacle.

4.3 Business customers and timeacle can terminate the services of timeacle without providing reasons with a notice period of three (3) months to the expiry of the minimum user period booked in the registration process or subsequently on expiry of the extended period. The termination can be sent in writing to timeacle GmbH & Co. KG, Zirkusweg 1, 20359 Hamburg or per fax an +49 (0)40 - 36 88 00 309 with reference to the registered email address and the respective products of the business customer that are to be terminated.

4.4 Unaffected by 4.3 timeacle can terminate the contractual relationship on presentation of good cause without complying with a notice period. A good cause for timeacle is evident should the continuation of the contractual relationship to expiry of the notice period pursuant to 4.3 be unreasonable for timeacle, taking into consideration all the circumstances of the individual case and the interests of timeacle. Good reasons are evident in the following situations:

  • Non-compliance with legal regulations by the business customer,
  • infringement of the contractual obligations of these general terms and conditions by the business customer
  • the reputation of the services offered in the timeacle system is impaired considerably by the presence of the business customer,
  • the business customer supports associations or communities - or their methods or activities - observed by security or youth authorities,
  • the business customer causes harm to one or more of the other users and/or business customers.

4.5 On submission of a good reason pursuant to section 4.4 timeacle can independently of a termination pursuant to section 4.3 also impose the following sanctions on the business partner:

  • deletion of content set up by the business customer
  • blocking access to the services of the timeacle system.

4.6 Termination of the contractual relationship provides no claim to a refund of any payments made to timeacle.

5. Revocation declaration

Should you as user of timeacle register for a purpose that cannot be assigned either to your commercial or your independent professional activity, then the following regulations apply to you as a consumer in the meaning of the law of (§ 13 German Civil Code):

5.1 Right of revocation
You can revoke your contractual declaration in writing within 14 days without providing reasons (e.g. letter, fax, email) or, should you have previously received a service or delivery, by returning it - . The notice period begins on receipt in writing of this declaration, however not before concluding the contract and also not before completion of our obligation to provide information pursuat to article 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Act to the German Civil Code and our obligations pursuant to § 312g para. 1 sentence 1 Civil Code in conjunction with article 246 § 3 Introductory Act to the German Civil Code. Compliance with the period of revocation is satisfied by the timely dispatch of the revocation. The revocation is to be sent to:

timeacle GmbH & Co. KG
Zirkusweg 1
20359 Hamburg
FAX: +49 (0)40 - 36 88 00 309
Email: support@timeacle.com

5.2 Consequences of revocation
In case of an effective revocation then performance received on both sides is to be returned and if necessary benefits received (e.g. interest) surrendered. Should it not be or only partially possible to return or surrender the performance received or benefits (e.g. benefits of use) or only in a worse condition then you must compensate us to the extent of the value. This can lead to you having to nevertheless fulfill the contractual payment obligations for the period up to revocation. Obligations for the refund of payments must be fulfilled within 30 days. The notice period begins for you with the dispatch of the declaration of revocation and for us with its receipt.

5.3 Special remarks
Your right of revocation expires early should the contract be completely fulfilled by both sides at their expressed request before they have exercised their right of revocation.

End of the declaration of revocation

6. Rights and obligations of use

User
6.1 The user is to use the timeacle system only within the framework of the possibilities provided by timeacle, the user conditions and the legal regulations.

6.2 The setup of information and other content in the timeacle system is granted by the user to timeacle without charge for the duration of the contractual relationship and also in addition the unlimited right of use to the content provided in the timeacle system, including the right to grant sub-licenses to third parties, and to use this information (wholly or partially) inclusive of its content (e.g. images) worldwide, to reproduce, modify, adapt, publicize, translate, edit, distribute, present, portray and/or use the information concerned for other works, media or technologies, whether or not it is currently known or has yet to be developed in whatever form. This authorization includes especially adapting and publishing the information and content in the timeacle system as well as displaying on all portals and systems of third parties as well as publishing the information outside digital media.

6.3 The user is aware that all rights to the timeacle system and the content publicized there, especially the n rights of use and exploitation under copyright law reside with timeacle. All copyright references, trademarks and other rights reserved existent in the timeacle system are not to be removed.

6.4 The user is obliged

  • to provide information that is true and not confusing in their profile and their communication with other users and contractual partners and not to use pseudonyms or stage names,
  • cancel or postpone bookings and reservations in an appropriate time before the event, should the user not be able to use the booking or reservation,
  • to observe the appropriate laws and all the rights of third parties when using the content and services in the timeacle system.

6.5 The user is specifically prohibited

  • from using insulting and slanderous content, independently of whether this content concerns other users, contractual partners, timeacle employees or other persons or companies,
  • from using pornographic, violent content or content infringing on laws protecting youth or to advertise, offer or sell pornographic, violent content or products infringing on laws protecting youth ,
  • groundless and superfluous bookings. Accepting reservations, purchases or other services of the timeacle system that cause damageto timeacle contractual partners or timeacle itself,
  • unreasonably inconvenience other users and contractual partners (especially with spam) (see § 7 Unfair Competition Act),
  • using legally protected content (e.g copyright, trademark, patent, registered or industrial design law) without being authorized or to advertise, offer or to sell legally protected goods or services,
  • to undertake or promote anti-competitive actions, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems),
  • to use mechanisms, software or scripts in conjunction with using the timeacle system, except for the interfaces and software provided by timeacle for this purpose,
  • to block, overwrite, modify, copy unless it is required for the proper use of the services of the timeacle system.
  • Any action that is capable of influencing the functionality of the timeacle infrastructure, especially when this excessively overloads.

Business customer
6.6 The business customer may only use the timeacle system within the framework of the possibilities provided by timeacle, the user conditions and the legal regulations.

6.7 On entering information and other content in the timeacle system the business customer grants timeacle free of charge, user rights to the content set up and provided in the timeacle system for the duration of the contractual relationship as well as an unlimited, unrestricted right of use, including the right to grant sub-licenses to third parties, and to use this information (wholly or partially) inclusive of its content (e.g. images) worldwide, to reproduce, modify, adapt, publicize, translate, edit, distribute,present, portray and/or acquire the information concerned for other works, media or technologies, whether or not is it currently known or has yet to be developed in whatever form. This authorization includes especially adapting and publishing the information and content in the timeacle system as well as displaying on all portals and systems of third parties as well as publishing the information outside digital media.

6.8 The business customer is obliged

  • to provide information that is true and not confusing in their profile and their communication with other users
  • to observe the appropriate laws and all the rights of third parties,
  • to display all prices for users incl. of the statutory sales tax as well as all the costs associated with an order in the offer when using the content and services in the timeacle system.

6.9 The business customer is specifically prohibited

  • from using insulting and slanderous content, independently of whether this content concerns other users, contractual partners, timeacle employees or other persons or companies,
  • from using pornographic, violent content or content infringing on laws protecting youth or to advertise, offer or sell pornographic, violent products infringing on laws protecting youth ,
  • unreasonably inconvenience other users and contractual partners (especially with spam) (see § 7 Unfair Competition Act),
  • using legally protected content (e.g copyright, trademark, patent, registered or industrial design law) without being authorized or to advertise, offer or to sell legally protected goods or services,
  • to undertake or promote anti-competitive actions, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems),
  • to use mechanisms, software or scripts in conjunction with using the timeacle system, except for the interfaces and software provided by timeacle for this purpose,
  • to block, overwrite, modify, copy unless it is required for the proper use of the services of the timeacle system.
  • Any action that is capable of influencing the functionality of the timeacle infrastructure, especially when this excessively overloads.

7. Copyright

7.1 The user and/or business customer is aware that all rights to the timeacle system and the content publicized there, especially the rights of use and exploitation under copyright law reside with timeacle.

7.2 All content and works set up in the timeacle system are subject to German copyright law. The reproduction, processing and any kind of exploitation beyond the parameters of copyright law require the written approval of the respective author or creator.

7.3 Downloads and copies of this content are only permitted for private and not commercial use. Provided the content on this page is not set up by the operator, then the copyright of third parties is observed.

7.4 All copyright references, trademarks and other rights reserved existent in the timeacle system n may not be removed. All rights to the technologies used, software products and content provided by timeacle (e.g. databases, directories, graphic material) within the framework of the contractual service reside with timeacle.

8. Responsibility for content, data and/or information

8.1 timeacle cannot technically determine with certainty whether a user registered on the timeacle system is indeed the person portrayed by the user. timeacle does not check the identity and the business worthiness of the user and therefore provides no guarantee for the actual identity of a user.

8.2 timeacle assumes no responsibility for the content, data and/or information provided by the user and/or contractual partner in the timeacle system as well as for content linked to external websites. timeacle specifically does not guarantee that the content is true, fulfills a specific purpose or could serve such a purpose. The user and/or business customer is to ensure that the information and content provided does not infringe the right of third parties.

8.3 Graphics, photographs and video content used in conjunction with the respective offers serve to illustrate the respective offers. The specific illustrations are therefore non-binding and may vary.

9. Liability of timeacle

9.1 timeacle is not liable for the correctness, quality or completeness of the content and offers provided in the timeacle system by users and/or business customers. The publication of content does not represent any expression of opinion or advice by timeacle, the content is specifically not espoused as its own by timeacle. Furthermore timeacle does not assume any liability for the offers and content provided by business customers of timeacle in the timeacle system. Should timeacle have responsibility in accordance with the current legal regulations for the content of the pages provided by it , then this does not include the obligation of monitoring external information transmitted or saved or to investigate circumstances that indicate an illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected . Liability in this respect is only possible from the moment a clear legal infringement becomes known. timeacle will remove this content immediately on becoming aware of the respective legal infringement. Moreover any liability for material and non-material damage is excluded, provided the damage has not been caused by the use or non-use of the information provided or by the use of incomplete and erroneous information on the timeacle pages, provided the fault is not attributable to proven intentional or gross negligent behavior by timeacle.

9.2 Claims for damages - on whatever legal grounds - against timeacle (incl. their agents), which presupposes minor negligence only exists should a material contractual obligation/cardinal duty be infringed . A cardinal duty is a duty that can be relied on for compliance by the user and/or business customer and only the fulfillment of which allows the proper implementation of the contract. Claims for damages in this case are limited to the amount of the typically foreseeable damage.

9.3 Claims for physical damage and material damage in accordance with product liability law remain unaffected. The aforementioned disclaimers of liability and limitations do not apply in the case of the expressed acceptance of guarantees by timeacle and claims for a lack of assured features.

10. Exemption

10.1 The user and/or business customer releases timeacle of all claims including claims for damages that other users and/or business customers of timeacle or other third parties claim against timeacle as a result of an infringement of their rights by the content provided by the user and/or business customer in the timeacle system .

10.2 Furthermore the user and/or business customer releases timeacle of all claims including claims for damages that other users and/or business customers of timeacle or other third parties claim against timeacle as a result of an infringement of their rights by the use of the services of the timeacle system by the user and/or business customer.

10.3 The user and/or business customer assumes al costs arising as a result of an infringement of the rights of third parties including those costs arising appropriate for the legal defense. All other rights and damage claims by timeacle remain unaffected.

10.4 Should the rights of third parties be infringed by the content of the user and/or business customer, then the user and/or business customer provides the right to use the content at the discretion of timeacle at the cost to the user and/or business customer and provide the content without copyright or to comply with the request by timeacle to immediately stop the illegal use.

11. Availability

The user and/or business customer accepts that a 100% availability of the timeacle system is technically not possible. Maintenance, updates etc. as well as events that are not controllable by timeacle (e.g disruptions of the public communication network, electricity failure etc.) may lead to short-term disruptions or temporary service stoppages in the timeacle system. It is however in the interest of timeacle to make the timeacle system as reliable as possible.

12. Changes to the services of the timeacle system

timeacle reserves the right to change or discontinue the services offered in the timeacle system or to offer differing services , to terminate the services of the timeacle system or to restructure the use for the user for a charge , provided the function is not required for the contracts concluded.“

13. Data protection

timeacle complies with all relevant data protection regulations. Details on the processing of data are covered in the data protection regulations of timeacle available within the timeacle system.

14. Customer service/Support

The user and/or business customer can transmit questions and explanations on their contract with timeacle or on the services of the timeacle system with reference to their registered email address to support@timeacle.com or by fax or letter.

15. Final provisions

15.1 timeacle reserves the right to change these general business conditions at any time without providing reasons. The current version is available in the timeacle system under the general business conditions. timeacle will notify the user and/or business customer of changes to the general business conditions in good time via the internet address provided in the timeacle system. Should the user not revoke the validity of the new general business conditions within six (6) weeks after notification, then the new version of the general business conditions are considered accepted by the user and/or business customer. timeacle will refer the user in the notification to their right of revocation and the importance of the revocation period. timeacle reserves the right however to terminate the user contract for good reason in the case of non acceptance of consent.

15.2 Should individual regulations of these general conditions of business be or become ineffective then the efficacy of the remaining regulations are not affected.

15.3 Place of fulfillment is the main office of timeacle.

15.4 Legal jurisdiction for business merchants in the meaning of the German Commercial Code (HGB) is the main office of timeacle.

15.5 German law applies under exclusion of International private law and the UN Convention on Contracts for the International Sale of Goods transferred to German law

(as per: 01.09.2013)