1.1 The services of the 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, said services include various hard and software solutions as well as combinations of those (e.g. appointment and queueing system, terminals, input devices, etc.); hereinafter overall referred to as: the timeacle system.
Insofar as an explicit distinction is not made between users and business customers in the following provisions, these apply to the users as well as to the business customers.
1.3 timeacle exclusively acts as an intermediary for the offers and information from business customers. The Business Conditions solely govern the contractual relationship between the user and timeacle as well as the business customer and timeacle. The user and the business customer each conclude a contract with timeacle for the use of the timeacle system and to convey the offers and information provided through this system. However, upon acceptance of the offers from the business customers, the user exclusively concludes an individual agreement with the business customer. The respective business conditions of the business customer then apply to the contractual relationship between the user and the business customer. timeacle neither assumes any liability for these business conditions and privacy policies of the business customer nor for the offers from the business customers themselves. Furthermore, timeacle is not liable for the provision of the services and deliveries indicated in the business customers’ offers.
1.4 With the registration as a user and/or business customer at timeacle as well as by using the timeacle system as an unregistered visitor, you accept the following Business Conditions.
2.1 The timeacle system offers users the option of accessing information about offers and services from business customers in the vicinity, using queueing systems with waiting numbers and appointment waiting numbers, enquiring about waiting times, receiving and redeeming coupons, viewing products and services as well as placing orders.
2.2 The timeacle system offers business customers the option of providing information, offers and services from their company and/or being able to order them via the timeacle system, in particular call systems with waiting numbers and appointment waiting numbers, coupons, digital signature systems as well as products and services. Solely the business customer is responsible for the structure of the conditions supplied for all offers in the timeacle system.
3.1 The timeacle system can also be used by the user without registering. In this case, by using the services of the timeacle system, you also submit an offer to conclude a contract for the duration of use of the timeacle system according to these Business Conditions, which timeacle accepts with the provision of the services.
3.2 Furthermore, the user must register via the timeacle website or via a timeacle smartphone app prior to using the services and offers provided by the timeacle system. The user ensures that all indicated data is accurate and complete and is obligated to immediately inform timeacle of changes to his/her user data. Pseudonyms or stage names cannot be used. The user selects a password when registering. He/she is obligated to keep his/her password confidential. timeacle will not disclose the password to any third parties, unless this is required, to execute the contract or is based on statutory provisions or court orders. Every user can only register once and only create one user profile. By completing the registration process, the user submits an offer to conclude a contract for the use of the services of the timeacle system. timeacle accepts this offer by activating the user for the services of the timeacle system. The contract between the user and timeacle is deemed concluded with this acceptance.
3.3 Business customers can either conclude an online contract with timeacle for the basic services offered on the timeacle website or he/she can conclude an individual contract with timeacle as a premium customer (hereinafter: premium contract). The contract can include additional services, which are not offered on the website. E.g. adjustment of the system to the digital customer journey.
The business customer must register on the timeacle website before using the services of the timeacle system and create a user account (hereinafter: registration process). The business customer ensures that all indicated data is accurate and complete and is obligated to immediately inform timeacle of changes to his/her data. The business customer selects a password when registering. He/she is obligated to keep his/her password confidential. timeacle will not disclose the password to any third parties, unless this is required, to execute the contract or is based on statutory provisions or court orders.
By completing the registration process, the business customer submits an offer to conclude a contract for the use of the services of the timeacle system under the terms and conditions specified on the website by timeacle at that point in time. timeacle will then send an email to the business customer, requesting him/her to verify his/her email address and will activate the business customer’s user account after the successful verification thereof. By activating the business customer for the services of the timeacle system, timeacle accepts the business customer’s offer to conclude the contract and the contract between the business customer and timeacle is deemed concluded. The basic contract respectively includes a licence for display, operator, queueing system and printing station but does not include support.
After concluding this online contract, the business customer can order additional licences (for example operator licence, display licence, printing station licence, queueing system licence, telephone support, coupon system, upgrade premium, configuration package) at any time, which are shown to the business customer in his/her user account, via a shopping cart system under the conditions specified there. A separate contract is then deemed concluded for this purpose. The user can be offered location-based suggestions concerning coupons/offers during the digital customer journey.
Alternatively, the business customer can conclude a contract with timeacle as a so-called premium customer. For this purpose, timeacle prepares an offer for the business customer, which is specifically adapted to his/her needs and which the business customer can accept by placing a written order with timeacle.
A multitude of additional individual services for the digital customer journey are available to premium customers. The premium module includes a customized offer for business customers.
Premium support perfects the offer.
4.1 For users, unregistered as well as registered users, the use of the timeacle system is generally free of charge, unless otherwise stipulated between timeacle and the user in line with contract conclusion. However irrespective thereof, costs can arise for the user according to the respective contractual relationship with the business customer, which timeacle has no influence on.
4.2 For business customers, who conclude an online contract with timeacle as defined in section 3.3, all prices specified on the timeacle website at the time of contract conclusion apply as well as the prices specified in the user account for additional licences per month plus the respective value added tax applicable at the time of contract conclusion. For business customers, who conclude an premium contract with timeacle as defined in section 3.3, the specified prices depicted in the offer and confirmed by the business customer in writing apply per month plus the respective value added tax applicable at the time of contract conclusion.
4.3 Subject to any another agreements, all invoice amounts for the total term are immediately due at the beginning of the term and must be paid to timeacle within fourteen (14) days after the date of the invoice using the payment method selected by the business customer.
4.4 If a payment due cannot be collected or cannot be collected on time for reasons the business customer is responsible for, the business customers must bear all costs resulting from this, in particular bank fees in connection with the rejection of a direct debit or similar fees for other payment options.
4.5 timeacle is entitled to adapt the respective prices for the business customer once per year at the most, respectively on March 1st of a calendar year, based on current market conditions or in the event of significant changes in procurement or wage costs, changes to value added tax or purchase prices. The customer is entitled to a right of cancellation in the case of increases of prices, which fundamentally exceed the regular increase of the costs of living. In this case, the business customer will be informed in text form by the provider.
5.1 The contractual relationship between timeacle and the user is agreed for an indefinite period of time and can be terminated by both contracting parties at any time without stating reasons. The user can terminate the contract by means of an informal email to firstname.lastname@example.org or via fax to +49 (0)40 - 36 88 00 309 indicating the user’s registered email address. A termination by timeacle is carried out by email to the user’s registered email address. Furthermore, timeacle has the option of blocking the user’s access to the services of the timeacle system in the case of misuse of the timeacle system.
5.2 Online contract
The contractual relationship between timeacle and the business customer can be terminated by the business customer in line with an online contract without stating reasons at the end of each month by informing timeacle in writing. The termination must be made in writing to timeacle GmbH & Co. KG, Zirkusweg 1, 20359 Hamburg or via fax to +49 (0)40 - 36 88 00 309 or via email to email@example.com indicating the registered email address as well as the business customer’s respective products, which are to be terminated. Moreover, timeacle can terminate the contract at the end of the month without stating reasons.
5.3 Premium contract
The contractual relationship between timeacle and the business customer can initially not be terminated for 12 (twelve) months by the business customer in line with a premium contract for the minimum period of use of the services booked by the business customer for the timeacle system. Unless otherwise stipulated in writing, the booked services are then automatically renewed for an additional twelve (12) months respectively, if they are not punctually terminated (as shown below) by the business customer or timeacle. The business customer or timeacle can terminate the contract without stating reasons with a notice period of three (3) months prior to the expiration of the initially booked minimum period of use or after a renewal prior to the expiration of the respective renewal period. The termination must be made in writing to timeacle GmbH & Co. KG, Zirkusweg 1, 20359 Hamburg or via fax to +49 (0)40 - 36 88 00 309 indicating the registered email address as well as the business customer’s respective products, which are to be terminated.
5.4 Irrespective of sections 5.2 and 5.3, timeacle can terminate the contractual relationship based on cause at any time without observing a notice period. Cause is evident for timeacle if the continuation of the contractual relationship with the business customer until expiry of the notice period according to sections 5.2 and 5.3 is unreasonable for timeacle, considering all circumstances of the individual case and weighing all interests of timeacle. In particular, the following events constitute reasons for cause:
5.5 If there is cause in accordance with section 5.4, timeacle can, irrespective of a cancellation, also impose the following sanctions against the business customer in accordance with section 5.4:
5.6 The business customer is not entitled to a refund of payments already made to timeacle in the event of termination of the contractual relationship or blocking the business customer from the timeacle system. Payments, which have not yet been made but have already become due, must be immediately paid to timeacle by the business customer despite cancellation/blocking.
Insofar as you register at timeacle as a user for a purpose, which can neither be attributed to your business or your freelance professional activities, the following provisions apply to us as a user and consumer in terms of § 13 of the German Civil Code:
7.1 Users can only use the timeacle system within the framework of the options provided by timeacle, the Business Conditions as well as the legal provisions.
7.2 Users cannot upload any of their own and/or third-party contents or information to the timeacle system with the exception of posting feedback or a comment in regard to the appointment and/or service they booked.
7.3 Upon posting feedback/a comment in the timeacle system, the user grants timeacle a free and indefinite unrestricted right to use the feedback/comment, in particular, to use the feedback/comment worldwide, to duplicate, publish and distribute and/or include the respective feedback/comment in other works, media or technologies, irrespective of whether they are presently known or are yet to be developed, in any form.
7.4 The user must make sure that all feedback/comments he/she posts in the timeacle system is/are free of any third-party rights and do not infringe upon any third-party rights.
7.5 The user is obligated
7.6 In particular, the user not permitted
7.7 timeacle is not obligated to monitor feedback/comments or to review them in regard to their legality. However, upon obtaining information pertaining to a violation of the law, timeacle will immediately delete the feedback/comment.
7.8 Business customers can only use the timeacle system within the framework of the options provided by timeacle, the contractual terms/terms of engagement and the Business Conditions as well as the legal provisions.
7.9 Upon uploading information as well as other contents to the timeacle system, the business customer grants timeacle a free, for the term of the contractual relationship, unrestricted right to use the contents made available and stored in the timeacle system, to use, publish, distribute and display this information/content (in its entirety or in part) including its contents (such as images) worldwide, and/or to include the respective information/content in other timeacle works, media or technologies, irrespective of whether they are presently known or are yet to be developed, in any form.
7.10 The business customer must make sure that all content/information he/she uploads to and stores in the timeacle system is free of any third-party rights and does not infringe upon any third-party rights. Insofar as the business customer uploads content/information to the timeacle system, which is not his/her own or does not pertain to his/her own rights, the business customer must ensure that he/she has been previously granted all the rights required from the respective third party, to be able to grant the rights to timeacle as defined in section 7.7. This particularly concerns rights to purchased third-party images, texts and/or if general personal rights of third parties can be affected.
7.11 The business customer is obligated
7.12 In particular, the business customer is not permitted
The user and/or business customer is/are aware that timeacle is entitled to all rights to the timeacle system itself (in particular, database, website layout, texts from timeacle) as well as content published by timeacle, notably the rights of use and patent rights under copyright law. The business customer is either entitled to all rights to the content/information uploaded by the business customer or they have been granted to timeacle and/or the business customer. Therefore, copying, editing, processing and any type of utilization requires prior written approval by timeacle, provided that it is not a matter of utilization permitted under copyright law in terms of §§ 44a ff. of the German Copyright Act (UrhG). Insofar as timeacle’s own rights are not concerned but business customers’ rights, for which the business customers have merely granted timeacle the rights of use, timeacle will immediately inform the business customer, so that he/she can exercise his/her rights.
9.1 In regard to users registered in the timeacle system, timeacle cannot technically determine whether a user is actually the person, who the user claims to be. timeacle does not check the identity or legal capacity of the users and therefore, cannot assume any guarantee for the actual identity of a user.
9.2 timeacle does not assume any responsibility for the content, data and/or information made available by the business customers in the timeacle system and is not liable for the accuracy, quality or completeness of the content, data, information and offers made available by the business customers in the timeacle system as well as content on linked external websites. The graphics, photographs and video content used in connection with the respective offers serve the exemplification of the respective offers, Therefore, the specific illustrations are non-binding and can vary.
9.3 The publication of contents from business customers does not constitute any expression of opinion or factual claim by timeacle, in particular, timeacle does not adopt this content as its own. Likewise, the content of feedback/a comment posted by a user does not constitute any expression of opinion or factual claim by timeacle and timeacle does not adopt it as its own. The assumption of liability by timeacle for feedback/comments is excluded.
9.4 Insofar as timeacle is responsible for content on pages made available by timeacle in accordance with applicable legal provisions, this does not include the obligation of monitoring transmitted or stored third-party information or investigating circumstances, which indicate illegal activities Obligations to remove or block the use of information in compliance with general laws remain unaffected by this. However, liability in this regard is only possible as of the point in time of obtaining knowledge of a specific infringement. Upon becoming award of respective infringements, timeacle will immediately remove these contents.
9.5 Furthermore, any assumption of liability by timeacle is excluded, insofar as the damages are not based on a grossly negligent breach of duty by timeacle or based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of timeacle.
9.6 Unaffected by the limitation of liability in section 10.5, claims against timeacle (incl. its vicarious agents) for slight negligence are only valid if a material contractual obligation was breached A material contractual obligation is an obligation, which the user and/or business customer can routinely rely on being observed and the fulfilment of which is essential for the proper performance of the contract. Claims in this case are limited to the amount according to the typical foreseeable damages.
9.7 Claims for damages resulting in wrongful death, physical injuries or health impairments, which are based on a negligent breach of duty by timeacle or an intentional or negligent breach of duty by a legal representative or vicarious agent of timeacle as well as claims in accordance with the Product Liability Act are also not affected by the preceding limitations of liability.
10.1 The user and/or business customer indemnifies timeacle from all claims, including damage claims, which other timeacle users and/or business customers or other third parties assert against timeacle based on a violation of their rights because of the content and/or information posted/uploaded in/to the timeacle system by the user and/or business customer and/or by the use of the services of the timeacle system by the user and/or business customer.
10.2 The user and/or business customer assumes all costs incurred by timeacle based on an infringement of third-party rights, including the appropriate costs resulting from a legal defence. All other timeacle rights as well as damage claims remain unaffected.
10.3 If third-party rights are infringed upon by the user’s and/or business customer’s content/information, the user and/or business customer will, according to the choice of timeacle and at the expense of the user and/or business customer, provide timeacle with the right to use the contents, shape the contents free of industrial property rights or immediately stop the illegal use after request by timeacle.
The user and/or business customer acknowledges that a 100% availability of the timeacle system is not technically possible. Maintenance work, updates, etc. as well as events, which timeacle has no influence on (such as malfunctions in public communication networks, power outages, etc.), can lead to short-term malfunctions or to a temporary suspension of the services in the timeacle system. However, it is in the interest of timeacle, to make the timeacle system available as consistently as possible. The user and/or business customer cannot deduce any rights against timeacle from such malfunctions or the temporary suspension of the timeacle system, in particular, no damage claims or repayment claims.
timeacle reserves the right to modify, cancel or entirely shut down the services offered in the timeacle system, offer different services or to organize the use in a manner, which requires users to pay a fee. In the event of organizing the timeacle system in a manner requiring the payment of fees by the user, timeacle will inform the user in advance in a timely manner and obtain his/her agreement. Insofar as the user does not agree to a use based on the payment of a fee, timeacle will cancel the contract accordingly.
timeacle observes all relevant legal data protection guidelines. Details regarding the processing of data are governed in the timeacle privacy policies, which can be accessed within the timeacle system in Data Privacy.
The user and/or business customer can send questions or statements regarding his/her contract with timeacle or the services of the timeacle system to firstname.lastname@example.org or via fax +49 (0)40 - 36 88 00 309 or by letter to timeacle GmbH & Co. KG, Zirkusweg 1, 20359 Hamburg indicating his/her registered email address.
15.1 timeacle reserves the right to change these Business Conditions at any time, e.g. in the event of changes in law, changes in economic conditions, technical changes to the timeacle system or changes to actual processes within the timeacle system. You can find the respectively valid version in the timeacle system in Business Conditions. timeacle will inform the user and/or business customer of any changes to the Business Conditions in due time using the user’s/business customer’s email address stored in the timeacle system. If the user does not object to the validity of the new Business Conditions within six (6) weeks after being informed thereof, the changed Business Conditions apply as accepted by the user and/or business customer. timeacle will inform the user of his/her right to object and the significance of the objection period in the notification. However, in the event of a refusal to agree, timeacle reserves the right to cancel the contract with the user and/or business customer for cause.
15.2 Should individual provisions of these Business Conditions be or become invalid, the validity of the remaining provisions is not affected thereby.
15.3 Place of fulfilment is the registered office of timeacle.
15.4 Place of jurisdiction for business customers, who are merchants in terms of the German Commercial Code (HGB), is the registered office of timeacle.
15.5 German law applies excluding the conflict of laws and the CISG incorporated into German law.
(Last revised: May 2018)
© timeacle GmbH & Co. KG, 2018