§ 1 Scope of application
(1) These General Terms and Conditions (GTC) are the binding rules that apply between LUKAKLAN Katharina Lutz-Klöss & Andreas Klöss GbR, Koratzbusch 9, 67718 Schmalenberg, represented by Andreas Klöss and Katharina Lutz-Klöss (hereinafter “Platform Operator”) and the users (hereinafter “Users”) when using the platform at italiahelp.com.
(2) These GTC apply to all interested parties and entrepreneurs or potential service providers.
(3) The platform operator provides an intermediary platform on which service providers (“service providers”) can offer services and customers (“customers”) can use the services of the service providers. Service providers and customers together are also referred to as “users” of the platform.
(4) These GTC apply to all users, regardless of whether they are entrepreneurs pursuant to Section 14 BGB or Section 13 BGB, when using the platform. Both service providers and customers can act as both consumers and entrepreneurs.
(5) The GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user shall only become part of the contract if and to the extent that the platform operator has expressly agreed to their validity. This requirement of consent shall apply in all cases.
(6) The platform operator reserves the right to refuse to conclude a contract if there are important reasons for doing so. Such reasons may exist for the platform operator in particular if there is or may be a conflict of interests or if there are other legal or statutory reasons to the contrary.
§ 2 Registration and procedure
(1) Registration with a current e-mail address and the desired personal password is required to use the platform. Upon registration, the platform operator shall send the user a clickable link for activation by e-mail to the e-mail address provided by the user.
(2) There is a choice between a free basic model and a premium membership with extended functions.
(3) Registration and use of the platform is free of charge for all users in the basic package.
(4) Each user may only create one user account. Transfer to third parties is not permitted. Users undertake to take the necessary measures to ensure the confidentiality of their account data and password and to keep their password secret. In the event of misuse of the account or suspicion thereof and in the event of misuse or loss of the password, the platform operator must be notified immediately. In such cases, the platform operator is entitled to block the account completely or temporarily.
(5) Once the platform has been activated for use, customers can create a public customer profile and service providers can create a public service profile. All users are obliged to provide complete and truthful information. If users culpably provide misleading or untrue information, they are obliged to pay compensation if the platform operator has suffered damage as a result of this untrue information. Users are also obliged to indemnify the platform operator against third-party claims. Further claims, in particular claims for damages by third parties or claims for damages by potential contractual partners, remain unaffected.
(6) The platform operator reserves the right to check user profiles and individual details, for example by requesting proof from users. The platform operator is entitled to refuse the publication of profiles if the respective profile does not correspond to the specialization of the platform or if the reliability of the information has not been sufficiently proven. This also applies if the content to be published violates legal requirements, official prohibitions, third-party rights, public decency or these GTC. The platform operator assumes no guarantee for the information provided by customers or service providers.
(7) After activation of the profile by the platform operator, service providers have the opportunity to place advertisements. Customers now have access to the service provider profile and can take advantage of offers or arrange other services. Customers and service providers then have the opportunity to subsequently conclude contracts. The platform operator is not associated with the services offered or contracts concluded and is not liable for them or for the content and success of the service providers’ offers.
3 § Verification of service providers
(1) Service providers must verify their identity when registering to use the platform. Verification serves to ensure the identity and seriousness of the service provider and is a prerequisite for activating the service provider profile and using the platform.
(2) Either a valid identity document or a trade license is required for verification. Service providers may choose to present one of the following documents: a valid identity card, passport or other identification document issued by a government authority that clearly confirms the identity of the service provider.
(3) A current trade license proving the proper registration of the trade with the competent authorities.
(4) The documents submitted will be verified by the platform operator. The platform operator reserves the right to request additional information or documents in order to complete the verification. Verification is successfully completed when the platform has confirmed the authenticity and validity of the documents submitted.
(5) Service providers are obliged to inform the platform operator immediately of any changes to the documents submitted or the information contained therein. This applies in particular in the event of expiry or invalidity of the identification document or in the event of changes to the business status.
(6) The platform operator reserves the right to block or delete profiles of service providers if verification is not successfully completed or if there are doubts about the authenticity of the documents submitted.
(7) Service providers who do not successfully pass the verification process are excluded from using the platform. There is no entitlement to activation of the profile or use of the platform without successful verification.
4 § User profile
(1) When users register on the platform, parts of their details and profile information will be visible to other users on the platform.
(2) The profile is only fully visible to registered users. Parts of the profile are displayed in the search results. This includes, for example, the first name, age and location of the user. However, contact details are not displayed and are reserved exclusively for registered users.
(3) The user has the option of adjusting the visibility of individual profile information via the settings in the user account.
(4) The platform operator is entitled to forward personal data in user profiles to other users if the user has given their consent to this. Personal data shall only be forwarded for the purpose stated in the consent.
5 § Paid membership for service providers
(1) In order to be able to offer services on the platform, service providers must conclude a membership contract to use the platform. The service provider can choose between the models offered on the platform (Basic or Premium).
(2) The presentation and advertising of options on the platform does not constitute a binding offer to conclude a contract.
(3) A contract is only concluded when the platform operator accepts the service provider’s order by means of a declaration of acceptance or when the service .
(4) After concluding a Premium Membership, the service provider may publish its service provider profile for the agreed duration and contact potential customers.
(5) The service provider is free to design the service provider profile as well as offers and their processing. However, the service provider is responsible for compliance with the statutory provisions and indemnifies the platform operator against all damages or claims by third parties due to violations.
6 § Prices and payments
(1) The membership prices for service providers stated on the platform are gross prices and include VAT.
(2) The agreed subscription price must be paid immediately after registration.
(3) Unless expressly agreed otherwise, payment shall only be made using the payment methods shown on the platform. Activation of use shall only take place after payment has been made.
(4) Service providers are not entitled to offset against claims of the platform operator unless the counterclaims have been legally established or are undisputed.
7 § Term and termination for service providers
(1) Unless expressly agreed otherwise or stated on the platform, a membership for service providers is concluded for a period of at least one month. The exact term results from the respective subscription.
(2) Both parties are entitled to terminate the subscription with one month’s notice to the end of the term. If notice of termination is not given or not given in good time, the membership shall be extended by the original contract term and can be terminated with the aforementioned notice period.
(3) Any termination must be in text form. The right to extraordinary termination for good cause remains unaffected.
(4) Canceled premium models of the service providers automatically convert to a free basic model unless the service provider profile is deleted.
§ 8 Mediation activities
(1) The platform operator does not provide any services of its own. The service on the platform is purely a mediation of contacts between service providers and customers and the provision of the platform. The platform operator cannot guarantee that service providers and their services will actually be available to customers. There is no entitlement for users to a successful mediation and no entitlement to the provision of a certain number of contract conclusions.
(2) The platform operator acts merely as an intermediary and is not responsible for the content of the service providers’ offers. The platform operator assumes no warranty or liability for the accuracy, quality, availability or legal admissibility of the services offered. Every contract is concluded exclusively between the customer and the respective service provider. Any claims arising from or in connection with the offers are to be asserted exclusively against the service provider.
§ 9 License for the user’s content
(1) When users provide content on the platform, they commission the platform operator to store and host it and, if agreed, to make it accessible to third parties, in particular service providers. The platform operator uses user content in accordance with the agreement between users and the platform operator. By providing their content, users grant the platform operator a non-exclusive, geographically unlimited license for the duration of the agreement to use this content for the purposes of providing the services under the agreement. This also includes the right to store, reproduce, format, (technically) process, transmit, make accessible and analyze and evaluate the content itself or through third parties. The platform operator is also entitled to store the data in a failure system or separate failure data center. The platform operator is also entitled to make changes to the structure of the data or the data format in order to eliminate faults. The platform operator shall only publish the content uploaded by users to the platform and make it accessible to third parties to the extent that this is necessary for the purpose of the contract.
(2) Users warrant that they have all rights to the content uploaded by them to the platform or that they have a license for the content in order to grant the platform operator the rights pursuant to § 9 (1).
§ 10 Obligations of the platform operator
(1) The services offered by the platform operator are subject to continuous further development, which may change from time to time to a reasonable extent. The platform operator reserves the right to temporarily or permanently discontinue the provision of the services (or functions within the services) for individual or all users. The platform operator shall inform users of any changes or restrictions to the services with reasonable advance notice.
(2) The platform operator is not liable for the loss of data due to any technical malfunction or discontinuation of services.
(3) The availability of the platform is 98% on an annual average. This excludes times when the servers are unavailable due to routine and previously announced maintenance work or disruptions beyond the control of the platform operator.
(4) The platform operator endeavors to keep the platform up to date, but without any legal entitlement to do so. The platform operator may restrict or expand the range of functions of the platform at any time.
§ 11 Obligations of users
(1) Users are prohibited from using the platform software and services for purposes other than their own personal or professional/commercial purposes, in particular not for other commercial purposes, without the express permission of the platform operator
- to smuggle viruses, Trojans, worms or other malicious code onto the platform or attempt to do so,
- hack, manipulate or attempt to hack the platform’s software,
- Scripts and other automatable or semi-automatable procedures for using the platform,
- bypass or attempt to bypass the platform’s security functions,
- to rent out their user account or otherwise use it commercially, sublicense it or make it available to third parties in any other way, unless this has been expressly permitted by the platform operator.
(2) The platform operator reserves the right to block users in the event of a breach of these GTC or for good cause. However, the platform operator is not obliged to monitor the offers or activities of users and accepts no liability for any damage caused by the blocking of a user.
§ 12 Termination
(1) The parties are entitled to terminate the free contract of use in text form at any time without giving reasons.
(2) If the contract is terminated by the user or by the platform operator, the personal user data (including name, e-mail, telephone number, messages, uploaded files) shall be deleted by the platform operator. This does not apply if the platform operator requires the relevant data to enforce claims against users or if there are statutory retention obligations.
(3) When the termination takes effect, the contractual relationship ends and the user can no longer use their access. The platform operator reserves the right to block the user name and password when the termination takes effect.
§ 13 Evaluation system
(1) The platform provides a public rating system that allows users to rate customers and service providers after completing an order. This rating system serves the purpose of transparency and helps other users to select suitable service providers.
(2) Reviews should be submitted honestly, objectively and fairly. Users are obliged to base their reviews on facts and not to make any false, misleading or offensive statements. Untrue claims, defamation or inadmissible abusive criticism are inadmissible and may have legal consequences.
(3) The platform operator reserves the right to check and, if necessary, delete reviews if they violate the aforementioned principles or are otherwise inappropriate. This applies in particular to reviews that contain discriminatory, offensive, pornographic or otherwise illegal content.
(4) The platform operator is not liable for the content of the ratings submitted by the users. The responsibility for the ratings submitted lies exclusively with the respective users.
(5) Users who discover misuse of the rating system are required to report this to the platform operator immediately. The platform operator will check such reports and take appropriate measures if necessary.
(6) The ratings and responses may not be used for advertising purposes or for the dissemination of content that is not directly related to the rated order. Any form of self-promotion or third-party advertising is prohibited.
(7) The ratings shall remain publicly accessible even after termination of the business relationship between the platform operator and the users, unless there is a legitimate interest in deleting the rating.
§ 14 Liability
(1) The platform operator accepts no responsibility for data material, advertisement texts or related storage media supplied and is in particular not obliged to store or return them. Deletion after the end of the contract shall take place in accordance with the statutory provisions.
(2) The platform operator shall be liable for material defects or defects of title in accordance with the applicable statutory provisions.
(3) The platform operator shall be liable to users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(4) In other cases, the platform operator shall only be liable, unless otherwise regulated, in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the users may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, liability is excluded subject to deviating regulations.
(5) Liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
(6) The limitations of liability apply accordingly in favor of the employees, agents and vicarious agents of the platform operator.
§ 15 No responsibility for undeclared work
(1) The platform expressly distances itself from any form of unauthorized employment, in particular illegal employment. The platform merely offers an intermediary function between service providers and customers and assumes no responsibility or liability for compliance with legal provisions by users.
(2) Users are obliged to comply with all legal requirements. This includes, but is not limited to, the proper registration of the activity with the competent authorities, the proper payment of taxes and social security contributions and compliance with all other relevant statutory provisions.
(3) The platform operator reserves the right to block corresponding profiles and delete the relevant content in the event of indications or suspicions of illegal offers or unauthorized employment. This is done at the platform operator’s own discretion and without prior notice.
(4) The platform operator is not obliged to verify the proper registration of the service providers, the payment of taxes or compliance with other statutory provisions. Any liability of the platform operator in relation to non-compliance with these obligations by the service providers is excluded.
(5) Users agree to indemnify the platform operator against all claims resulting from non-compliance with legal obligations. This includes in particular, but is not limited to, claims by authorities, social insurance institutions or other third parties.
§ 16 Confidentiality
Users undertake to maintain confidentiality towards third parties regarding all business information, including user data, received in the course of the brokerage activity during the term of the contract and after termination of this contract.
§ 17 Data protection
(1) The platform operator may process and store the user data that users upload in their user profile and pass it on to third parties insofar as this is necessary for the execution of the brokerage and as long as it is obliged to store this data due to legal regulations.
(2) Further information on data protection by the platform operator can be found in the privacy policy: XXX — Link to data protection
§ 18 Copyrights
The platform operator holds the copyright to all images, films and texts published on the platform. Use of the images, films and texts is not permitted without the express consent of the platform operator.
§ 19 Amendment of the GTC
The platform operator reserves the right to amend these GTC at any time and without stating reasons. Users shall be notified of the amended GTC in text form at least two weeks before they come into force. The amended GTC shall be deemed accepted if the users do not object to them within two weeks of receipt of the notification. When communicating the amended GTC, the platform operator shall draw attention to the deadline and the consequences of not raising an objection.
§ 20 Dispute resolution, applicable law and place of jurisdiction
(1) The platform operator does not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the users have placed the order as consumers and have their habitual residence in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(3) If the users are merchants, the exclusive place of jurisdiction is the registered office of the platform operator. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
