General terms & conditions of piqd GmbH
The service on piqd.com („piqd“) is provided by piqd GmbH, Widenmayerstraße 38, 80538 Munich, Germany ("piqd").
piqd allows you to read relevant content about specific topics that have been provided by experts, subscribe to notifications and comment on articles.
1. General information about usage, conclusion of contract and user account
1.2. Reading posts created by our piqers in response to piqed articles and content is possible without concluding a user contract.
1.3. Once the user registers on piqd, a contract which is free of charge will enter into force as soon as the user fills out and submits the form by clicking on "Register now" and clicks on the activation link subsequently sent to the user. This contract is subject to the general terms and conditions. In their account, users can change notification settings for piqs such as how often they are broadcasted and the respective channels. These settings can be adjusted at any time. The user cannot comment, however. Should they wish to activate this function, a paid subscription must be activated.
1.5. Every user is allowed to use the RSS feed for private purposes. The user must not publish any content made available via this RSS feed, for example by embedding it on a website unless this has been agreed upon with piqd or is allowed to do so by applicable law.
2. Comment function
2.1. The usage of the comment function in return for payment only refers to its activation, i.e. it is of value to the user to be able to post comments on piqd. This however, does not guarantee the function's unlimited availability.
2.2. piqd is entitled to suspend its provision of the comment function to the user in the event of unlawful use or any other kind of abuse, especially if piqd receive notice from third parties of an unlawful use or any other kind of by use committed by the user.
2.3. The user ensures that, in using piqd and the comment function, they do not violate applicable law. In particular, the user agrees to respect the personal rights and the personal privacy of others. If the user violates this obligation, they are obliged to indemnify piqd of all claims asserted or threatened by third parties that have occurred as a result of his action. This also applies if the damage has been inflicted by third parties, if this damage occurs due to culpable conduct by the user (i.e. by passing on their log-in data). The indemnification also includes reasonable costs of legal defence. In the event that a third party raises claims against piqd subject to the aforementioned indemnification, piqd shall immediately inform the user of the claims and either leave the defence against such claims to the user or duly co-operate with the user in the defence. piqd shall not recognize third-party claims without prior approval of the user.
2.4. The statutory right to withdraw from any paid services shall apply. If the customer is a consumer they are entitled to the following statutory rights:
3. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of conclusion of the contract. To exercise the right of withdrawal you must inform us (piqd GmbH, Widenmayerstraße 38, 80538 Munich, Germany, +49 (0) 8152 99 86 564, E-Mail: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you wish to begin the service within the withdrawal period, you will be required to compensate us with a reasonable amount which corresponds to a proportion of the services you have claimed up to the date of your cancellation as compared with the complete services as originally agreed.
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
piqd GmbH, Widenmayerstraße 38, 80538 Munich, Germany
I / We hereby withdraw from the contract concluded by me/us about the provision of the following services:
Name of consumer:
Address of consumer:
Signature of consumer (only when sent on paper):
4.1. All material accessible on piqd, including the piqs, linked texts and images as well as the website itself and the software it is based on are subject to copyright.
4.2. The use of this content is only allowed for its intended purpose as well as within the limits of copyright law. Commercial use is not permitted unless explicitly agreed or explicitly allowed by applicable law.
5. Termination of contract
5.1. The user contract is concluded for an indefinite period of time unless explicitly agreed otherwise. The account is billed on a yearly basis unless agreed otherwise upon conclusion of the agreement. This user contract can be terminated by both parties in writing (whereas email shall be deemed sufficient)with a notice period of two weeks. In terminating the account, the fee-based commentary function will also be cancelled at the earliest possible date.
5.3. Upon termination of this contract, piqd reserved the right to delete or anonymize comments that have been published by the user.
6.1. The statutory warranty regime applies.
6.2. The user acknowledges that piqd is provided as is. piqd does not give any explicit or implicit guarantee regarding the use, results or new insights to be provided by piqd. A continual availability and a faultless operation cannot be expected or assumed.
7. Limitation of liability
7.1. With respect to services provided by piqd free of charge, piqd shall exclusively be liabile for intent and gross negligence.
7.2. piqd shall be fully liable for intent and gross negligence as well as for all damages to life, body and health.
7.3. In an event of slight negligence, piqd shall be liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
7.4. In a case according to Section 7.3 piqd shall not be liable for any lack of commercial success, lost profits and indirect damages and liability shall be limited to the typical and foreseeable damages at the time the contract was concluded.
7.5 The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of piqd.
7.6 Any potential liability on the part of piqd for any guarantees and for claims based on the German Product Liability Act shall not be affected.
7.7 Any further liability shall be excluded.
8. Final clauses
8.1. These terms and conditions may be amended between the user and piqd (excluding major contractual obligations) by corresponding agreement as described in the following: piqd sends the user the amended terms before the effective date via email and separately informs the user of the new regulations as well as the effective date planned. At the same time, piqd will give the user a reasonable amount of time, a minimum of two months, for the user’s declaration as to whether they accept the amended terms and conditions for further use of the services. If a declaration does not occur within this period, which commences with receipt of the message in writing (whereas email shall be deemed sufficient), the amended terms are considered agreed. piqd will separately inform the user of the legal consequences at commencement of the period, in particular the right to revocation, the revocation period and the meaning of not responding.
8.2. If individual provisions of these terms and conditions are or become ineffective and/or run contrary to legal provisions, the effectiveness of the remaining terms and conditions shall not be affected. The ineffective provision shall be mutually replaced by the parties with such a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. The above regulation shall apply accordingly in the event of regulation loopholes.
8.3. The sole place of performance is Munich.
8.4. The right of the Federal Republic of Germany applies under exclusion of the conflict-of-law rules and the UN Convention on the Sale of International Goods.
8.5 Exclusive jurisdiction for all disputes stemming from or in connection with this user contract shall be Munich, Germany if the user is a merchant or does not have general jurisdiction in Germany or in an EU member country, has located their permanent residence abroad after the effective date of this user contract or their residence or habitual abode is unknown at the time of filing of a lawsuit.
Date: October 2017