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Terms of use


1. Scope

1.1 These Terms of Use apply to the online presentation platform for employee offers (hereinafter referred to as the "Platform").

1.2   The offers shown on the platform are exclusively designed for users who order the offers or the voucher or discount codes as consumers within the meaning of § 13 BGB. Using the offers for commercial purposes is prohibited. This shall include but not be limited to commercially purchasing and/or commercially selling goods and services which is strictly prohibited.

1.3 corporate benefits Germany GmbH, Schiffbauerdamm 40, 10117 Berlin (hereinafter referred to as "corporate benefits") is the operator of the Platform.

1.4 Soley these Terms of Use shall apply. Conflicting or deviating terms and conditions of the users will not be accepted unless corporate benefits has given its prior written approval.

 

2. Content of the Platform and Role of corporate benefits

2.1 On the Platform, various third-party companies (hereinafter referred to as "Vendors") present goods and services, voucher codes, discount codes, benefits, etc. which can be purchased or redeemed outside the Platform on the Vendors' websites. Those offers are aimed for employees of companies or members of associations or clubs (hereinafter referred to as "Users"). corporate benefits is only running the platform for the presentation of goods and services by the Vendors. corporate benefits does NOT sell any of the goods and services presented.

2.2 Based on the information given to corporate benefits, the Vendors are companies within the meaning of Section 14 of the German Civil Code (BGB). They can be identified by the logos displayed; In addition, every website of the Vendor accessible via the platform provides of an imprint including the contact information of the Vendor. Intellectual property rights to the Vendor’s content displayed on the Platform remain with the respective Vendor.

2.3 Contracts for the purchase of goods or other services are concluded outside the Platform between the User and the Vendors.

2.4 All Vendors are solely responsible for the content and presentation of the advertised goods and services on the platform. Each Vendor also decides at his own discretion whether to limit the time and/or quantity of his discounts, goods and services. corporate benefits does not check the Vendor’s content. Hence, corporate benefits cannot be held liable for the correctness of the information by the Vendors or their performance. Errors and changes may occur and are reserved.

 

3. Registration, conclusion of contract, storage of the contract text and contract language

3.1 For using the Platform, the User needs to subscribe with corporate benefits and create a User Account. The Platform is provided free of charge to the user acting as a consumer.

3.2 Registration can only take place with a permanently used e-mail address. Using a so-called "thrash mail address", which is only temporarily valid, is expressly prohibited. Such addresses are given to new users after being "thrown away", which could allow unauthorized persons to gain access to the User' account.

3.3 After the User has submitted the online registration form, corporate benefits will provide the User with an activation code sent to the email address listed within the subscription process. This message constitutes an offer of corporate benefits to the User to conclude a contract via the Platform on the basis of these terms of use. The acceptance of this offer by the User and thus the conclusion of the contract takes place by entering the activation code on the Platform.

3.4 The contract, i.e. the User's registration, is stored by corporate benefits, but is not accessible to the User. The User can check the data stored for his user account via the menu item "My data" in his user profile on the Platform. In addition, the User can access, print, download or save the Terms of Use at any time via the "Terms of Use" link provided on the Platform, but only in the current version. Older versions are not available on the Platform.

3.5 The contract may be concluded in German or English.

3.6 In order to use the Platform, Users must be at least 16 years old or provide the consent of their parents or guardians.

 

4. Access and use of the Platform; consequences for breach of these Terms of Use; Penalty

4.1 The offers on the Platform are designed exclusively for employees of companies that have been provided with a Platform of corporate benefits, Users who do not meet these requirements are not permitted to use the Platform. If the use of the offers takes place without the aforementioned conditions being met, corporate benefits may take the sanctions specified in sections 4.4 and 6.2 of these Terms of Use against the users concerned (contractual penalty, damages, termination, blocking).

4.2 The offers are exclusively designed for users who use the offers or the voucher or discount codes as consumers within the meaning of § 13 BGB. The use of the offers or the voucher or discount codes for commercial purposes, including but not limited to the commercial purchase, commercial offering or commercial resale of goods purchased at a discount, is prohibited. corporate benefits outlines that violations of these provisions may lead to claims for damages, including but not limited to claims of the Verndors against the users. In the event of a repeat offense, corporate benefits reserves the right to file a criminal complaint.

4.3 Proof of entitlement to use the Platform in accordance with No. 4.1 is done by entering an e-mail address under the respective company domain or by entering a code that has been provided to the company for confidential disclosure exclusively to its employees. corporate benefits reserves the right to report unauthorized use by unauthorized persons or public disclosure by users.

4.4 In the event of a culpable violation of the provisions in

- Section 1.2 (use of the Platform and its offerings for commercial purposes),

- Section. 4.1 (use of the Platform without being an employee of a company to which corporate benefits has provided a Platform),

- Section 4.2, sentence 2 (commercial purchase, commercial offering or commercial resale of goods purchased at a discount) OR

- Section 4.3., sentence 2 (public disclosure of access codes)

of these Terms of Use obliges to pay corporate benefits a contractual penalty of at least € 500, the exact amount of which, however, is to be determined by corporate benefits at its reasonable discretion (§ 315 para. 1 of the German Civil Code) and to be reviewed by the courts in the event of a dispute.

corporate benefits expressly reserves the right to assert further claims for damages. These can significantly exceed the amount of the above-mentioned lump sum. In case of repeat offense, the minimum fine is € 2,000. The contractual penalty will be offset against further claims for damages by corporate benefits.

4.5 The User is obliged to notify corporate benefits immediately if he/she leaves the company assigned to the Platform as an employee. Upon leaving the Company, the User's entitlement to access and use the Platform also expires.

4.6 Users may not pass on their access data to other persons. They must keep their credentials confidential. In the event that a user notices third parties becoming aware of his access data, he is obliged to change his access data immediately. The User is also obliged to inform corporate benefits immediately if there are indications that his user account has been misused by third parties.

 

5. Confidentiality of offers and contractual penalty for passing on voucher and discount codes

5.1 The offers and conditions on the Platform are based on corporate customer and corporate conditions, which the respective Vendors only grant to authorized users of the Platform. The offers and conditions may therefore only be made available to the authorized group of users of the Platform.

5.2 The offers and conditions as well as the voucher or discount codes are strictly confidential and may not be communicated to third parties. They represent a trade secret of corporate benefits. The User is expressly prohibited from passing on voucher or discount codes obtained through the Platform to third parties. In particular, the publication of such coupon or discount codes on the Internet or the sale of such coupon or discount codes offline or online is prohibited. This prohibition includes the public communication and dissemination by the User of screenshots of the coupon or discount codes of corporate benefits.

5.3 In the event of a culpable violation of the provisions of Section 5.2 (Prohibition of public communication and distribution of voucher or discount codes), the User is obliged to pay corporate benefits a contractual penalty of at least € 500.00 per violation, the exact amount of which is to be determined by corporate benefits at its reasonable discretion (Section 315 (1) of the German Civil Code) and is to be reviewed by the courts in the event of a dispute,  to pay. corporate benefits expressly reserves the right to assert further claims for damages. These can significantly exceed the amount of the above-mentioned lump sum. In case of repeat offense, the minimum fine is € 2,000. The contractual penalty will be offset against further claims for damages by corporate benefits.

5.4 corporate benefits reserves the right to indemnify the User in the event of violations of the provisions of this Section. 5 from further use of the Platform.

5.5 corporate benefits points out that violations of the provisions in this Section 5 lead to violations of the Act for the Protection of Trade Secrets and may be punishable (see Section 23 of the Trade Secrets Act).

 

6. Termination of the User Agreement, Discontinuation, Restriction or Modification of the Offer and Deletion of the User Account

6.1 The User may terminate the User Agreement at any time without giving reasons by deleting his User Account via the menu item "Delete Access" in his User Profile or terminate the User Agreement by notifying corporate benefits in text form (e-mail, fax or letter) without notice.

6.2 corporate benefits is entitled to terminate the User Agreement at any time by notifying the User in text form with a notice period of two working days and to block the User's access to the Platform upon effective termination.

6.3 In the event of violations of Section 1.2, 4.1, 4.2, 4.3 or 5.2 of these Terms of Use, corporate benefits is entitled to block or restrict the User's User Account with immediate effect without notice and to terminate the User Agreement. Further claims of corporate benefits shall remain unaffected.

6.4. Moreover, each contractual party’s right to terminate the agreement for cause shall remain unaffected.

6.5 Upon termination or expiration, the User's account and his access to the Platform will be deleted.


7. Limitation of Liability

7.1 corporate benefits is liable in the event of intent (including malice) and gross negligence in accordance with the statutory provisions. In the case of slight negligence, corporate benefits is only liable if a material contractual obligation is breached. Essential contractual obligations are to be understood as those obligations which the contract has to grant to the user according to its meaning and purpose or the fulfilment of which enables the proper execution of the contract at all and on the observance of which the user may regularly rely.

7.2 In the event of liability due to slight negligence, this liability shall be limited to such damages as are foreseeable or typical at the time of conclusion of the contract. Liability due to injury to life, limb or health remains unaffected, as does strict liability under law, e.g. according to the Product Liability Act.

7.3 Insofar as the liability of corporate benefits is excluded or limited, this also applies to the personal liability of the employees, legal representatives and vicarious agents of corporate benefits. All limitations of liability also apply to all statutory (including tortious) and contractual claims resulting from the use of the Platform or from the user relationship.

 

8. Participation in dispute resolution procedures and information on online dispute resolution

The European Commission's website for online dispute resolution (ODR website) can be accessed via the following link: https://webgate.ec.europa.eu/odr
However, corporate benefits does not participate in dispute resolution proceedings before a consumer arbitration board.


9. Final Provisions

9.1 corporate benefits is entitled to amend these Terms of Use at any time if this is necessary due to the legal situation, new or changed services and/or a disproportion between performance and consideration or if regulations are changed for the benefit of the User. The User will be informed of the changed terms and conditions with the explicit reference to the possibility of terminating the user relationship at any time. If the User accepts the new terms of use by confirming them at the next login, the amended terms and conditions become part of the agreement. corporate benefits will draw the user's attention to this legal consequence. Refusal of consent shall be regarded as termination of the account by the User.

9.2 German law shall apply with the UN Convention on Contracts for the International Sale of Goods be excluded, even if the User has his residence or registered office abroad. This choice of law applies to consumers but shall leave the protection afforded to consumers by those mandatory provisions, i.e. provisions of the country in which the consumer has his habitual residence, i.e. unaffected.

 


last updated: 04.2024