Community General Terms and Conditions (”Ts&Cs“)
Valid from 14/09/2011
Blacksquared GmbH (further the “Operator“) runs a social community website, the “Changers Community“, which can be accessed via the internet under the addresses www.changers.com and www.changers.de and on which the user (“User“) can register and set up his own user account (“User Account“). Similarly the Operator maintains an online shop accessible via the same internet addresses through which it markets the Changer solar module and Changer solar battery.
The Changer solar module facilitates energy generation from sunlight without giving rise to any harmful CO2. The energy is stored using the Changers solar battery and can be used to charge smartphones, mobile phones, MP3 players and other electronic equipment. The Changer solar battery has an integrated solar power meter which is used to record the amount of renewable energy generated and used.
Where a User sets up a User Account on the Changers social community website, plugs the Changers solar battery into a computer connected to the internet and then downloads a freeware programme made available by the Operator, the data on the amount of energy generated from sunlight stored using the battery's solar power meter can be transferred to the Changers internet community on an hourly basis and converted into the amount of CO2 saved using solar power generation.
Within the User Account the User is thus able to view the amount of energy generated by him individually and the amount of CO2 saved. The Operator offers him various options for sharing or exchanging this information with other registered users, as well as for disseminating the information via other social-media websites.
Furthermore, in return for the amount of CO2 they have individually saved, the Operator makes it possible for Users with a Changers solar module and a Changers solar battery who use the Changers Community in the manner described above not only to make a significant contribution to easing the burden on the environment but also to obtain attractive price reductions when buying the efficient, environmentally-friendly products of well-known third-party companies.
To this end, for each CO2 saving, the User is awarded a specific number of internal community-based points called "Changers Credits" or "Credits" which he is able, in the form of rebates, to redeem with a large number of leading product manufacturers with which the Operator cooperates.
The Operator draws attention to the fact that the setting up of a User Account on the Changers Community website is free of charge and is not conditional upon the purchase of a Changers solar module and/or a Changers solar battery. However, where the User wishes to make full use of the services described above offered by the Operator and in particular would like the rebates referred to, he can only do this if he has access to a computer with an internet connection, to a Changers solar module, the Changers solar battery and the freeware programme made available by the Operator.
1. General provisions
These Ts&Cs apply to the use by the User (further, the "User") of the services of Blacksquared GmbH, Bleibtreustrasse 53, D-10623 Berlin, Tel.: +49 30 521 39 29 20, Fax: +49 30 521 39 29 39, E-Mail: firstname.lastname@example.org offered by the Changers Community Operator.
2. Pre-conditions to use
2.1 In order to be able to use the Operator's services, the User must register himself and provide the requested mandatory information fully and accurately, in particular his first and last name as well as his e-mail address, and choose a password or ”connect” to the Changers Community via a different social network. Should the data requested by the Operator from the User change, the User shall immediately make the Operator aware of this.
Registration is free of charge for all Users.
2.2 Anyone over 14 years old is permitted to register with the Changers Community.
2.3 The Operator reserves the right to verify Users' personal information. Registrations with the Changers Community are not transferable. The User shall keep the password he has selected confidential and may not pass this on to third parties.
2.5 As soon as the Operator accepts a user registration, the User receives confirmation sent to the e-mail address supplied during the registration process. A contract arises between the Operator and the User in that, by completing the registration process, the latter makes an offer to enter into a contract on the use of the services performed by the Operator. The Operator accepts the offer by activating the User Account.
2.6 The Operator reserves the right to refuse registration without giving grounds for the same.
2.7 Upon successful completion of registration the User is able to use the services made available by the Operator and described in the introduction to these Ts&Cs by logging on to the community website using the password he selected and his e-mail address.
2.8 The Changers Community serves the purpose set out above of, using the Changers solar module and the Changers solar battery, individually recording the energy generated and the C02 amount saved, presenting it, exchanging ideas with other Users and, where relevant, using accumulated Credits to obtain rebates from third party vendors. The use of the Changers Community outside the purpose indicated, in particular commercial use and/or use for advertising purposes, requires the prior Operator's consent.
3. The Operator's Services
3.1 The Operator is responsible for running the changers.com and changers.de platform and services.
The Operator notes that it cannot guarantee the true identity of Users registered with the Changers Community. Each User needs therefore to satisfy himself as to the identity of other registered Users.
3.2 The calculations employed by the Operator and information made available regarding the saved amounts of CO2 shall be prepared by the same with the utmost care following meticulous research with the aid of the latest scientific knowledge. To the extent that, in so doing, the Operator cites third parties, it shall reveal its sources. It gives no guarantee of the accuracy, completeness or quality of the information made available or of how up-to-date it is beyond the liability set out in Clause 11 of these Ts&Cs.
3.3 The information provided by retailers from which the User is able to obtain rebates using the accumulated points (Credits) as to how up-to-date, applicable or suitable for the specific purpose or de facto purpose the products and services offered are is not as a rule verified by the Operator.
3.4 As a result of normal maintenance works, disruptions to the internet inherent in the system as well as in the case of force majeure, it may happen that aspects of the services provided by the Operator or the services as a whole will be unavailable for brief periods. The User therefore has no claim to constant, uninterrupted and trouble-free access to the Changers Community. The Operator shall endeavour to carry out maintenance works and planned service disruptions outside peak hours and give early notice of the same. The above regulation is without prejudice to Clause 11 of these Ts&Cs.
3.5 The Operator shall endeavour always to improve its services and to develop them further. In the context of this further development, individual applications may be improved, extended or slightly altered by the Operator. This includes discontinuing functionalities or other parts of the service wholly or in part, provided this does not lead to a reconfiguration of the Operator's services that is more than slight. The right to alter a service exists in particular where such alteration is common within the industry or there is an obligation regarding the same as a result of a legislative amendment or on the basis of case law.
3.6 The Operator is entitled to commission third-party service providers and agents to carry out parts of or the whole range of services.
4. Concession of Rights of Use by the Operator
For the duration of this Contract, the Operator grants the User an irrevocable, non-exclusive, non-transferable right to use the services and applications offered. No further rights are conceded to the User. The Operator shall be permitted, where necessary, to change the scope of the rights permitted provided this does not represent a significant restriction on the rights granted in these Ts&Cs.
5. User obligations
By consenting to the Ts&Cs, the User undertakes to carry out the duties listed below.
5.1 Registration data
The User is obliged to keep confidential the Changers Community access data allocated during the registration process or subsequently altered, and not to pass it on to third parties. He is not permitted to allow third parties access to the community using his registration data.
Where a User has grounds to suspect that his access data has become known to a third party or that his User Account is being used by a third party, he shall immediately notify the Operator of the same.
5.2. Uploaded content
5.2.1 The User undertakes to ensure that the content he uploads onto the Changers Community is legal, in particular that it does not breach applicable laws and is not immoral, does not infringe the rights of third parties, including personal rights, trademark rights or copyright of third parties, and is not likely to corrupt young people.
5.2.2 The User undertakes immediately upon the Operator's initial request to remove any content uploaded by him in breach of Clause 5.2.1 of these Ts&Cs.
5.2.3 The content published within the Changers Community by other Users or the Operator may not be copied, distributed or otherwise made publicly accessible without the prior consent of the Operator or the relevant User, except where a legal exemption exists. This applies in particular to the application of computer programmes for the automatic sorting of User-generated data.
5.3 No disruption to other Users or misuse of the community
5.3.1 The User undertakes not to apply any mechanisms, software or other scripts in connection with the use of the Changers Community which could disrupt the operation of the Changers websites or which cause an excessive or unreasonable overload of the web infrastructure of the Changers websites or the disturbance of other Users.
5.3.2 The User undertakes not to block, overwrite or modify any of the content generated by the Operator.
5.3.3 The User undertakes immediately to notify the Operator of any breaches of these Ts&Cs, in particular of Clauses 5.3.1 and 5.3.2 and 5.2.
6.1 The User indemnifies the Operator against all claims, including damages claims, brought by other Users or other third parties against the Operator as a result of a breach of their rights for which the User is responsible through the content uploaded by the User on to the Changers Community. He shall furthermore indemnify the Operator against all claims, including damages claims, brought by other Users or other third parties against the Operator in relation to an infringement of their rights through the use of the Changers Community services to the extent he is responsible for the relevant infringement of rights. Where he is liable the User shall bear all reasonable costs arising as a result of the breach of third party rights, including the reasonable costs incurred in relation to the legal defence. This is without prejudice to the Operator's further rights and damages claims. The User shall be entitled to show that the Operator actually incurred lower costs.
6.2 Where third parties bring claims against the Operator, the User shall immediately upon request fully and honestly share with it all such information at his disposal as is necessary for an examination of the claims and a defence. This is without prejudice to any further damages claims by the Operator against the User.
6.3 Where the User's content infringes the rights of third parties, he shall, upon the Operator's request, either at his own expense procure for the latter the right to use the relevant content, configure the content free of any infringement of intellectual property rights or immediately remove the content.
7. Grant of rights by the User
7.1 The User grants the Operator free of charge non-exclusive rights unlimited in time and space to make the content uploaded by him accessible via all the media used within the context of the Changers Community (internet, mobiles) in accordance with the purposes of the Changers Community.
7.2 The Operator has the right to process the uploaded content in order to make all the technical adjustments necessary for presentation of the content within the Changers Community.
7.3 The rights granted by the User expire as soon as the User's use agreement expires or the content is removed from the Changers Community.
7.4 The User declares that he has all the necessary rights to the content uploaded by him. He is expressly referred to his duties set out under Clause 5 and especially Clause 5.2.
8.1 The Operator shall have recourse to the sanctions further listed under Clause 8.2 if it has specific reason to believe that a User is in breach of these Ts&Cs, statutory regulations, the rights of third parties or is behaving immorally. It is entitled to remove the relevant content from the Changers Community without prior notice.
8.2 In choosing the sanction to be imposed the Operator shall take account of the reasonable interests of the User concerned, in which case of particular relevance is the matter of whether there has been merely misconduct through no fault of the User or a culpable breach on the part of the User. The Operator may apply the sanctions listed below:
- warning to the User (the mildest option),
- complete or partial deletion of the User's content,
- constraint/restriction of use of applications within the Changers Community,
- temporary blocking of a User account,
- final blocking of a User, i.e. extraordinary notice of termination of the use agreement, where there is a substantive reason on the basis of which a continuation of the contractual relationship is not acceptable to the Operator.
8.3 Where the Operator has blocked a User from using the community, the latter is not permitted to register a different User account and/or further use the community.
9. Data protection
9.1 The Operator is permitted to collect and use personal information about the User to the extent this is necessary for the User's participation in the Changers Community.
9.1.1 In particular, the Operator gathers, processes and applies data transferred to it during registration or which has become accessible in the course of use of the Changers' services.
9.1.2 The Operator uses the contact data supplied in order to provide the User with information in connection with your participation in the Changers Community. The Operator may also use the contact data in order to keep the User informed of its products and services. The Operator expresses its willingness, in line with the User's wishes, not to keep informing the latter of new developments.
9.2 The processing and use of personal data for purposes other than those listed in Clause 9.1 shall occur only on the basis of the User's express consent or a statutory regulation permitting the Operator such use.
9.3 The User has the right at any time to information free-of-charge in regard to his personal data saved as well as, where relevant, a right to the correction, blocking or deletion of such data.
10. Duration and termination
10.1 The Contract between the User and the Operator is made for an indefinite length of time. The User may at any time give notice of termination of the Contract in writing without giving reasons for the same.
10.2 For notice of termination of the Contract by the User the latter may de-register by clicking on "Delete account” under the heading ”My Account”. Furthermore, he may give notice of termination by e-mail to email@example.com or in writing to the Operator at the address given in the website legal notice. In both cases he needs to give the e-mail address he used for registration.
10.3 The Operator may properly terminate the Contract with the User at any time upon a notice period of fourteen (14) days. This is without prejudice to the right to terminate on material grounds or to block the User. A material ground is, for example, a breach by the User of these Ts&Cs or of statutory regulations.
11.1 The Operator is not responsible for the availability, price, condition, usefulness, legality or the actual or intended fitness for purpose of the products and services purchasable using the “Credits” collected within the Changers Community. The Operator is not a contractual partner under a sales agreement with the relevant retailer and accepts no liability or other responsibility for the aforementioned products and services. Any claims or disputes in connection with the aforementioned products and services must therefore be resolved between the retailer and the relevant User. The Operator is not responsible for the content of websites of third parties, for damage or other disruptions which have arisen on grounds of insufficient availability or of the imperfect operation of the internet.
11.2 Liability - on whatever legal grounds - otherwise arises only
11.2.1 where there is intent or gross negligence on the part of a legal representative, a senior member of staff or other agents,
11.2.2 depending on the grounds, in the case of each deliberate breach of a material contractual obligation (where the term “material contractual obligation“ is an abstract description of an obligation which if not performed renders impossible the proper implementation of the Contract and on compliance with which the relevant other party can consistently rely), in the case of delay and impossibility.
11.3 In the case of economic loss and damage to property liability is limited to typically foreseeable losses.
11.4 The aforementioned limitations on liability shall not apply in cases of mandatory legal liability, in particular under the Product Liability Act, in case of the transfer of a guarantee or in case of culpable loss of life, personal injury or damage to health.
12. Final provisions
12.1 The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods is excluded. This is without prejudice to the application of mandatory norms of the country in which, at the time the Contract was entered into, the User had his usual place of residence.
12.2 To the extent one or more provisions of these General Terms and Conditions are or become invalid or impracticable this shall not otherwise affect the validity of the Terms and Conditions.