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§ 1
Contractual Partners
Contractual partners in the framework of these general terms and conditions are the blinc registered coop, Bertheaustr. 10, D-37075 Goettingen, and the user. The active authorised representatives of blinc can be seen in the web credits on the homepage www.blinc-eu.org.
§ 2
User
User is someone who places a contract with the blinc registered cooperative according to the following general terms and conditions. Users can be commercial members, private members, members with a special status and sustaining members.
§ 3
Commercial Members
Commercial members are those who use the internet portal www.blinc-eu.org in the framework of any business as partnership and as legal persons of the public and private law. Commercial members’ user identification is marked with the ending -01 at the customer number.
§ 4
Private Members
Private members are all natural persons who exclusively use internet portal www.blinc-eu.org for personal reasons. Private members’ user identification is marked with the ending -02 at the customer number.
§ 5
Members with Special Status
Unemployed, students as well as persons with a monthly gross income of less than 1.000 € are considered as members with special status. The user identification of members with special status is marked with the ending -03 at the customer number.
§ 6
Sustaining Members
Sustaining members are the cooperative personnel, members of the leadership as well as general promoters, who contribute to the development, to the continuous operation of all proper business and to the extension of the blinc registered coop. The user identification of sustaining members is marked with the ending -04 at the customer number.
§ 7
Honorary Members
Honorary members are all natural persons with a membership of more than 15 years or such user who are recognised as honorary members by resolution of the general meeting.
§ 8
Majority
Only persons who are of age are accepted as users.
§ 9
Subject of the Contractual Relationship
(1) Subject and part of this contract are these present terms and conditions, the cooperative statutes and those regulations as agreed in the contribution regulation regarding the usage of the services of the blinc registered coop listed there.
(2) Services on the part of any third parties can be reached via the portal of the blinc registered coop. If the user makes use of the services the contract exclusively and immediately takes effect with this.
(3) For the negotiation of services via the blinc registered coop the recipient of the service has to pay a fee as it is set in the contribution regulation.
§ 10
Formation of the Contract
Except when specially and individually regulated the contract takes effect the moment the user signs the membership declaration and the cooperative accepts in the framework of those regulations stated in § 3 in the statutes of the blinc registered cooperative.
§ 11
Right of Revocation
Attention is explicitly invited to the right of the user, as it is regulated in the contribution regulation, to revoke his/her declaration of intent regarding the formation of the contract.
§ 12 a
Duties and Obligations of the User Duties and Obligations of the User
(1) The user is obliged to read up on details of the statutes and the general term and conditions before the first use.
(2) The user is liable for all neglects of duty unless objective evidence is given that he/she is not responsible for these neglects.
(3) The user is responsible for the correct entry of his/her data, necessary for the execution of the contract and/or the use of the services. Changes of these data have to be communicated by the user to the blinc registered coop in writing.
§ 12 b
Code Words
(1) The term “code words� describes all numeric and alphabetic series which prevent access and use by unauthorised persons.
(2) Code words must not be given to third parties and have to be kept in a safe place unaccessible to third parties. For safety reasons they have to be changed regularly. In case of suspicion the code word has to be changed immediately.
(3) If the code word in entered incorrectly three times this might lead to the blocking of those services the code word is valid for. For a lifting of the blocking the user data have to be checked by the blinc registered coop, which will allocate a new code word to the user after having checked the rights of use.
§ 12 c
Content
(1) As far as the term “content� is used below this includes all data, images, graphics, videos, viewlets and other information, which are available and/or disseminated via the www.blinc-eu.org portal.
(2) As far as content is made available by the blinc registered coop it is prohibited to process the content or parts of it, to publish it, to do any advertising with it or to use it in any other way than agreed by contract, except for the prior explicit written consent of the blinc registered coop.
(3) The user is responsible for any content which is uploaded or disseminated in any way via his/her code word vis-Ã -vis the blinc registered cooperative and third parties, particularly regarding its legitimately. Here the user particularly has to consider the following regulations:
a. The regulations of the criminal code
b. The data privacy laws
c. The national and international copyright, trademark rights, patent right, rights to a name and trademark legislations as well as other industrial property rights and personal rights of third parties.
(4) Content, referring to services or articles that need a special trading certificate according to general laws, may only be uploaded and disseminated if the user owns a valid permit for this.
(5) The content uploaded have to be independently secured regularly (compulsory back-up).
§ 13
Complaints
The user is obliged to report in writing any complaints regarding the services to the blinc registered coop immediately at the latest within 14 days after notice of the complaint, § 14 b remains unaffected. Complaints absolutely have to be done in writing.
§ 14
Consequences in Case of Neglects of the Duties
(1) The blinc registered coop is not liable for damages caused by neglects of duty of the user and which could have been avoided by considering all duties.
(2) If the user breaches against his or her duties as well as in cases of well-founded severe suspicious facts the blinc registered coop is entitled to deactivate and delete the respective services or functions which was the reason for the violation.
§ 15
Liabilities
(1) The user is liable for all violations of the rights of third parties to them directly. If there are well-founded claims of third parties the user is obliged to release the blinc registered coop unless the user proves that he/she is not responsible for the damaging neglect of duty.
(2) The warranty of the blinc registered coop for claims that were reported correctly conform with legal regulations. Liability limitations as gives in these general terms and regulations remain unaffected by this.
(3) The liability of the blinc registered coop according to the legal regulations is without restrictions, if an assignable neglect of duty of the blinc registered coop is based on intention or gross negligence. If the assignable neglect of duty is based on simple carelessness and vital contractual obligation is culpably violated, the liability for damages of the blinc registered cooperation is limited to the predictable damage, which generally occurs in comparable cases. For the rest any liability is excluded. The liability according to the regulations of the product liability law remains untouched.
§ 16
Data Protection
(1) Any personal data, unless there is an additional consent, will only be collected, processed and used for the purpose of the provision of services and usage. Any further data require a separate consent.
(2) The data will be saved in the framework of legal regulations. The data of the user can be transferred to appointed enterprises in the framework of some kind of commissioned data processing for the settlement and technical support of services called upon used by the users.
(3) The blinc registered coop guarantees the same protection of personal data as it is given in § 15 para. 1 in cases of commissioned data processing.
§ 17
Duty of Payment
The user can choose one of the methods of payment as they are set in the contribution regulation.
§ 18
Blocking
(1) In case of a blocking because of any neglect of duty the obligation to pay continues. The blinc registered coop is entitled to block the access of a customer to the services as soon as this customer falls behind with a payment. A reminder for this payment explicitly points out these consequences to the user.
(2) If the customer gets seriously behind the blinc registered coop is entitles to a notice to quit for cause.
§ 19
Minimum Term/Cancellation
(1) The minimum term of the contract is one year. It automatically continues for the same term unless the user hands in the cancellation in writing to the blinc registered coop at least 30 days before it is supposed to take effect. Saturday does not count as working day.
(2) A cancellation by the blinc registered coop is done per mail or in writing. The blinc registered coop has to cancel the contract by keeping a time limit of at least 30 days before it is supposed to take effect. Saturday does not count as working day.
(3) Both parties keep the right to notice to quit for cause.
§ 20
Other Conditions
(1) The user is only entitled to transfer his/her rights and duties as given in this contract to any third parties after the prior written consent by the blinc registered coop.
(2) German law is valid for the contractual relation. The registered office of the blinc registered coop is exclusive jurisdiction. The blinc registered coop reserves the right to take legal action against the user to his/her place of general jurisdiction also.
(3) If a single regulation of these terms and conditions is or becomes ineffective this does not affect the validity of the other regulations (severability clause).
(4) Alternative and additional terms and conditions of the user will not be accepted by the blinc registered coop.
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