General Terms and Conditions
olado refers to the contractual service; the contractual partner is Deutschland Digital GmbH & Co KG (hereinafter referred to as the Provider).
By registering as a user at olado, you accept the following terms and conditions (hereinafter referred to as "GTC") for the use of olado.
The Provider operates olado's services under various top-level domains (www.olado.com, etc.) as well as under various subdomains and aliases of these domains. All websites on which the provider makes olado's services available are hereinafter collectively referred to as the "olado websites".
These General Terms and Conditions govern the contractual relationship between the user and the provider, irrespective of which of the olado websites the user registers with or logs on to. The user enters into a contract with Deutschland Digital GmbH & Co KG, Felix-Wankel-Str. 16, 26125 Oldenburg for the use of the provider's services. Further contact data, commercial register data and the name of an authorised representative of Deutschland Digital GmbH & Co. KG can be found in the imprint.
The olado offer is aimed exclusively at persons of legal age.
The user can call up, print and download these GTC at any time, even after conclusion of the contract, under the link GTC.
The olado websites offer registered users two types of use:
a) a closed, free contact forum (the membership in the free contact forum is called in the following "free membership") as well as
b) a closed paid contact forum (Premium - membership) for the switching of acquaintances (the membership in the liable to pay the costs communication forum is called Premium - membership in the following).
Details on the costs of Premium Membership are regulated on the olado websites in the Premium Membership section. The prices stated there are binding. The fees for Premium Membership are payable immediately upon invoicing for the entire term. The user can pay them by means of the payment procedures offered there. If a fee cannot be collected, the user shall bear all resulting costs, in particular bank charges in connection with the return of direct debits and comparable fees, to the extent that he is responsible for the event triggering the costs. The user can view and print out the invoice at any time in his account in the section Data and Settings - My Account.
Any use of the services and content offered on the olado websites with the exception of the options provided by the provider requires the prior written consent of the provider.
The provider makes the data and/or information provided by the user available to other users only insofar as this data and/or information does not violate statutory provisions and/or these General Terms and Conditions. The provider is entitled to remove illegal content from the olado websites without prior notice.
The user acknowledges that 100% availability of the olado websites is not technically feasible. However, the provider endeavours to keep the olado websites available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond the provider's control (e.g. disruptions of public communication networks, power failures, etc.) can lead to short-term disruptions or to the temporary discontinuation of services on the olado websites.
The provider merely offers the user a platform to bring the user together with other users, and for this purpose only provides technical applications that enable users to contact each other in general. The provider does not participate in the communication between users with regard to content.
2. registration, assurances during registration
The user must register before using the services of the olado websites.
The user warrants that all data provided by him during registration is true and complete. The user is obliged to notify the provider immediately of any changes to his user data by independently updating the data in his profile.
The user assures that he is of legal age at the time of registration.
When registering, the user chooses a password. He is obliged to keep his password secret. The provider will not pass on the password to third parties and will not ask the user for the password at any time.
By completing the registration process, the user submits an offer to conclude the contract for the use of the services of the olado websites. The provider accepts this offer by activating the user for the services of the olado websites. Through this acceptance, the contract between the user and the provider is concluded.
The provider cannot technically determine with certainty whether a user registered on the olado websites is actually the person the user claims to be. The provider therefore does not guarantee the actual identity of a user. Each user must therefore satisfy himself/herself of the identity of another user.
Users of a Premium Membership have the opportunity to have themselves verified using the Post-Ident procedure and thus confirm the authenticity of their profile.
3. right of withdrawal for consumers
Right of withdrawal
The user can revoke the registration for the free or for the premium membership within two (2) weeks without giving reasons in writing (eg by letter, fax or e-mail). The period begins after the activation of the membership by the provider, at the earliest however with receipt of this instruction.
The user can also revoke the registration for the Premium Membership within two (2) weeks without giving reasons in text form (eg by letter, fax or e-mail), after he has changed from a free membership to Premium Membership. The period begins after the activation of the Premium Membership by the Provider, but at the earliest upon receipt of this instruction.
In each of the above cases, the timely dispatch of the revocation is sufficient to comply with the revocation period. In any of the above cases, the revocation may be sent by post to Deutschland Digital GmbH & Co KG, Felix-Wankel-Str. 16, 26125 Oldenburg. The revocation can also be sent to the providers via the contact form available on the olado websites or by fax or e-mail. The provider's fax number and e-mail address will be sent to the user by e-mail after registration and can also be found under Imprint:
The rights of termination of the user from paragraph 6 remain unaffected by the right of withdrawal of the user according to this paragraph 3.
Premature expiration of the right of revocation
The user's right of revocation expires in accordance with § 312d Para. 3 BGB (German Civil Code) before the expiry of the two-week revocation period in accordance with Section 3.1,
- if the provider has started providing the services of olado for which the user has registered with the express consent of the user, or
- if the user has initiated the execution of olado's services for which the user has registered (e.g. by making use of olado's services which olado provides to the user within the framework of the membership chosen by the user during registration).
In the event of an effective revocation, the services received by both parties shall be returned within the scope of the statutory provisions and any benefits derived (e.g. interest) shall be surrendered. If the user cannot return the received services to the provider at all or only partially or only in a deteriorated condition, he must compensate the provider for the value. Obligations to the refund of payments must fulfill the user within 30 days after sending his revocation.
4. obligations of the user
The user is obliged:
to bear sole responsibility for the content of his registration and thus for the information he provides about himself. He assures that the data provided are true and describe him personally. The contracting parties agree that it is to be regarded as the legitimate interest of the provider to be able to check the correctness of the data provided if necessary.
to comply with the respective legal provisions and to observe all rights of third parties when registering and using the service. In particular, the user is prohibited from doing so,
- to use insulting or defamatory contents, regardless of whether these contents concern other users, employees of the provider or other persons or companies,
- to use pornographic, sexually oriented content or content that violates laws for the protection of minors or to advertise, offer or distribute pornographic products or products that violate laws for the protection of minors,
- to harass other users unreasonably (in particular by spam) (cf. § 7 Law against Unfair Competition UWG),
- to use content protected by law (e.g. by copyright, trademark, patent, design patent or utility model law) without being entitled to do so, or to advertise, offer or distribute goods or services protected by law and
- to engage in or promote anti-competitive activities, including progressive canvassing (such as chain, snowball or pyramid schemes).
not to intentionally pass on data of third parties (including e-mail address) as his own. In particular, he undertakes not to fraudulently disclose the bank details or credit card details of third parties.
to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their author. The same applies to names, telephone and fax numbers, residential addresses, e-mail addresses and/or URLs.
not to misuse the Service, in particular:
- not to disseminate any defamatory, offensive or otherwise unlawful material or such information through the Service;
- not to use it to threaten or harass other persons or to violate the rights (including personal rights) of third parties;
- to post personals for sexual purposes - especially nicknames such as ONSucher, 19x5 or others.
- not to upload any data that contains a virus (infected software). Not to upload any software or other material that is protected by copyright, unless the user has the rights to it or the necessary consents;
- not to use it in a manner that adversely affects the availability of the offers to other users;
- not to intercept or attempt to intercept any e-mails;
- not to advertise other, non-commercial contact portals. Advertising for other commercial contact portals is subject to the prohibition according to section 4.3 of these GTC.
- no chain letters to send or to operate advertisement all the same in which kind
- in the personal description (profile) no names, addresses, Internet addresses (www. ....) telephone or fax numbers, e-mail addresses.
to hold the provider harmless from any kind of lawsuits, damages, losses or claims that could arise through his registration and/or participation in this service, provided that these damages are not based on intent or negligence of the provider, or its legal representatives or agents. In particular, the user undertakes to exempt the provider from any liability and from all obligations, expenses and claims arising from damages due to defamation, libel, violation of personal rights, because of the loss of services for users, because of the violation of intellectual property or other rights.
The non-observance of one of the aforementioned behavioural obligations can lead to an immediate termination of the membership as well as have civil and criminal consequences for the user himself. In particular, damages may be incurred in compliance with Clauses 4.3 and 5 of these GTC. The provider reserves the right to exclude the user from his service if, in the provider's opinion, immoral, obscene or politically radical content or photos are to be disseminated during registration or use of the service of the olado websites.
Ban on commercial or business use, ban on spamming.
The user assures that he does not pursue any commercial and/or business intentions in connection with his membership. He undertakes not to use the contact portal for commercial or business purposes.
commercial or business use, to whose omission in the context of this contact portal the user commits himself, is in particular:
- the offer of goods or services of any kind against payment, the invitation to submit a corresponding offer or the reference to a corresponding offer accessible elsewhere (for example by reference to special Internet auctions),
- the advertising of commercial Internet sites, i.e. in particular such sites through which goods or services are offered against payment, which serve the presentation or advertising of companies or which advertise other commercial Internet sites. This applies in particular to advertising in the form of pop-ups, banner advertisements or by specially highlighted or conspicuous links. In particular, an Internet page is also deemed to be commercial in the sense of this provision if it links directly or indirectly to the commercial contact portal of another provider,
- the naming of value-added service numbers (in particular 0190 numbers) or value-added SMS numbers (Premium SMS) in the context of this contact portal. Establishing contact for the purpose of subsequent profit making, in particular by subsequent reference to value-added SMS or 0190 numbers etc.,
- the search for employees, models for agencies or paid service providers,
- the collection of the profile data accessible within the framework of the contact portal or the request of data (e.g. telephone/cell phone number) of individual users with the intention of commercial use, advertising or resale.
The user undertakes to refrain from submitting advertising in any form for commercial offers to other users of the service or other users and not to send messages which serve a commercial purpose. This refers in particular also to the setting or naming of corresponding links in the data profiles accessible to other users or other users of the Service or to the sending of messages with the internal message exchange systems (e.g. chat, message dispatch, forums and data profiles).
>If there are indications for a use of the Service contrary to the provisions of these GTC, in particular within the meaning of Clauses 4.1 and 4.3, the Provider shall be permitted to view the User's message history.
5. liquidated damages
A user, who pursues commercial or business purposes in the sense of number 4. 3 of these AGB with his membership or uses the contact portal commercially or business in the sense of number 4.3 of these AGB, commits himself to pay to the offerer a lump sum compensation for damages in the amount of 5,000 euros. In this case, the user is permitted to prove that no damage has been caused at all or that it is significantly lower than the lump sum. The provider reserves the right to prove that a higher damage has been incurred.
In the event of an intentional or grossly negligent breach of the duties described in sections 4.1.2, 4.1.3 and 4.1.5 of these GTC, the user undertakes, unless the breach already justifies a lump-sum compensation in accordance with paragraph 1 of this paragraph, to pay a lump-sum compensation in the amount of 500 euros to the provider. In this case, the user is permitted to prove that no damage has been caused at all or that it is significantly lower than the lump sum. The provider reserves the right to prove that a higher damage has occurred.
>7. The user warrants that he/she is entitled to publish the photographs or other works posted on the olado websites in accordance with the relevant copyright regulations.
7. Changes to the services on the olado websites
The provider reserves the right to change the services offered on the olado websites as part of the maintenance of the service or to offer different services. A change of the offered services in their essential content is excluded, as far as the change is to be regarded as unreasonable considering the interests of the user.
8. termination of the contract, refund of prepaid fees, transfer of Premium Membership
The user can cancel the free membership at any time without giving reasons. The termination can be carried out on the olado websites under the menu item Data & Settings in the submenu Delete Account. The contract is terminated by the account deletion process.
The premium membership ends without the need for a termination, by the end of the agreed contract period. The right of both parties to terminate the contract for good cause remains unaffected. The Premium Membership is not transferable.
An important reason for the provider exists in particular if the continuation of the contractual relationship until the expiry of the statutory period of notice is not reasonable for the provider taking into account all circumstances of the individual case and weighing the interests of the provider and the user. Important reasons are in particular the following events:
- Non-compliance with legal regulations by the user,
- Violation of the user's contractual obligations, in particular from paragraphs 2 and 4 of these GTC,
- the user advertises for associations or communities - or their methods or activities - that are observed by security or youth protection authorities;
- the user damages one or more other users.
- If there is an important reason according to clause 8.3, the provider can also impose the following sanctions against the user independently of a termination according to clause 8.3:
- Deletion of content that the user has posted,
- Issue of a warning letter or claim for damages
- blocking access to the services of the olado websites.
- In the following cases, the user's claim for repayment of fees already paid in advance is excluded:
- olado terminates the contract according to clause 8.3 for an important reason,
- olado blocks the user's access in accordance with section 8.4 or
- The user terminates the contract; however, the user's entitlement to repayment of fees already paid in advance is not excluded if the user terminates the contract for an important reason that is within olado's sphere of responsibility.
9. Responsibility for User Content, Data and/or Information
The provider assumes no responsibility for the content, data and/or information provided by users of the olado websites or for content on linked external websites. In particular, the provider does not guarantee that these contents are true, fulfil a specific purpose or can serve such a purpose.
10. customer service/support
The customer can send questions and explanations to his contract with the provider or to the services of olado via the contact form available on the olado websites or by fax or letter.
11. Liability of the provider
Claims for damages - for whatever legal reason - against the provider (including their vicarious agents), which presuppose slight negligence, only exist if an essential contractual obligation / cardinal obligation has been violated. In this case, claims for damages are limited to the amount of the typical foreseeable damage.
The restrictions do not apply if the damages are covered by the provider's business liability insurance and the insurer has paid to the provider.
11.3 Claims for personal injury and property damage under the Product Liability Act remain unaffected.
The user indemnifies the provider from all claims, including claims for damages, which other users or other third parties assert against the provider due to a violation of their rights by the content posted by the user on the olado websites. Furthermore, the user indemnifies the provider against all claims, including claims for damages, which other users or other third parties assert against the provider due to the violation of their rights by the use of the services of the olado websites by the user. The user assumes all reasonable costs incurred by the provider due to an infringement of the rights of third parties, including the reasonable costs incurred for legal defence. All further rights as well as claims for damages of the provider remain unaffected.
The foregoing obligations of the user do not apply insofar as the user is not responsible for the infringement in question.
If the contents of the user violate the rights of third parties, the provider may, at his own discretion, demand from the user the right to use the contents or the user may design the contents free of intellectual property rights; any resulting costs shall be borne by the user. If the user infringes the rights of third parties by using the services of the olado websites, the user will immediately cease using the services in violation of the contract and/or the law at the request of the provider.
13. Data protection
>The provider is aware that it is extremely important for users to handle all personal data transmitted by users to olado in a particularly sensitive manner. The provider therefore observes all relevant statutory data protection requirements (German data protection laws, European data protection directives and any other applicable data protection law). In particular, the provider will not pass on the personal data of users to third parties without authorisation or otherwise make them known to third parties. The personal data is information that can be used to find out the identity of the user. This includes information such as first and last name, postal address, telephone number and email address.
14. rights to contents
The user grants the provider an unrestricted, irrevocable and transferable right of use to the respective contribution by posting his contribution in a forum. The right of use entitles the provider to any kind of utilization, in particular to the permanent reproach of the contribution in the appropriate forum both on their sides as well as to the other marketing of the forum.
The provider thus has the right to use all contributions to the discussion forums operated by it. A duplication or use of the contributions or their contents in other electronic or printed publications is not permitted without express written consent of the supplier.
15. Final provisions
The contract and its amendments must be made in writing. Additional agreements do not exist.
The provider reserves the right to change these terms and conditions at any time without giving reasons, unless this is not reasonable for the user. The supplier will inform the user about changes of the AGB in time. If the user does not object to the validity of the new GTC within two (2) weeks after notification, the amended GTC shall be deemed accepted by the user. The provider will inform the user in the notification about his right of objection and the meaning of the objection period.
Unless otherwise agreed, the user can submit all declarations to the provider by e-mail using the contact form accessible from any of the olado websites or send them to the provider by fax or letter. The provider can send declarations to the user by e-mail, fax or letter to the addresses given by the user as current contact data in his user account.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision which comes as close as possible to the economically intended meaning and purpose of the invalid provision in terms of its content. This shall apply accordingly in the event of contractual loopholes.
Place of performance is the registered office of the provider.
Place of jurisdiction is, as far as legally permissible, the registered office of the provider.
Customers who place their order from the European Economic Area can initiate a dispute resolution with Deutschland Digital via e-mail to email@example.com . General information on obligations and mechanisms in the context of dispute resolution on the Internet is provided hier.
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions.
Stand: May 2017