Object
1.2 These General Terms and Conditions of Use (hereinafter referred to as "TOU") define the modalities for the use of the service of Migrapreneur UG (haftungsbeschränkt) (hereinafter referred to as "Migrapreneur") and the rights and obligations of Migrapreneur and the user.
1.3 The Migrapreneur platform enables users to book appointments with experts online and thus provides access to various consulting services in the main areas of legal services, tax services and management consulting.
1.4 The services are provided to the user free of charge.
Conditions of access to the services
2.1 Every user must create a user account in order to have access to the online appointment booking service and undertakes to comply with these TOU.
2.2 If the user does not agree with all or parts of the TOU, use of the services is not possible and not permitted. The TOU shall apply from the time of inclusion in the contract for its duration.
2.3 Use of the services is reserved for natural persons who have reached the age of 18.
Setting up a user account
3.1 In order to use the online appointment booking services, the user must create a user account online. When setting up his user account, the user undertakes to provide correct and complete information about his identity as requested in the online form. In particular, the user undertakes not to feign a false identity that could mislead Migrapreneur and not to provide the identity of another person. In the event of a change, the user is obliged to immediately update the data that he provided in his user account when he first registered or at a later date.
3.2 In the event that the user provides false, inaccurate, outdated, incomplete or misleading information, Migrapreneur may immediately and without notice or compensation suspend access to the user account and temporarily or permanently deny access to the Services.
3.3 After confirming the TOU and creating the user account, the user will receive a confirmation email to the address provided by the user and be able to access our services.
Obligations, liability and warranty of Migrapreneur
4.1 Migrapreneur uses all necessary means for the smooth running and quality assurance of the services.
4.2 The experts to be contacted via the Migrapreneur platform (e.g. lawyers and tax consultants) provide their respective services on the basis of independent contracts with the user. Migrapreneur does not provide legal and tax advice or other services of the experts. Migrapreneur assumes no liability for the correctness of the services or the pricing information of the experts. The experts themselves are responsible for the respective contents.
Migrapreneur limits itself to the role of a mediator and technical service provider.
4.3 The user acknowledges that Migrapreneur cannot be held liable for interruptions or delays in the Services that are beyond its control and, in particular, that the provision of the Services is dependent on the reliability, availability and provision of permanent connections by third parties (telecommunications network operators, public Internet, user equipment, etc.) and on the accuracy and completeness of user data. Migrapreneur may be required to suspend the Services for scheduled maintenance by Migrapreneur or in case of technical necessity (emergency maintenance).
4.4 Migrapreneur is liable, irrespective of the legal grounds, for damages caused by it, its legal representatives or its respective vicarious agents in accordance with the following provisions:
In the event of a slightly negligent breach of material contractual obligations, Migrapreneur's liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for the contract. Essential contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on which the contracting parties may regularly rely. The aforementioned limitations of liability shall not apply in cases of willful misconduct or gross negligence or in cases of mandatory statutory liability, in particular in the event of the assumption of a guarantee or in the event of injury to life, limb or health. Migrapreneur shall not be held liable in any other case.
General obligations of the user
The user undertakes to
Online appointment service
6.1 The user can make an appointment online at any time with an expert who is a subscriber to Migrapreneur, either at their facility or for a video consultation (depending on the agreement with the expert), if the appointment is shown as available. Each appointment is transmitted in real-time to the expert, who can reschedule the appointment if necessary or delete it from their appointment calendar in accordance with legal requirements. In this case, the user will be notified immediately (e.g. by e-mail).
6.2 The user can manage his appointments (cancel, change).
6.3 It is the user's responsibility to carry out any checks that they deem necessary or appropriate before making an appointment with one of the experts registered on the platform.
6.4 Any appointments made in this context are made under the sole responsibility of the expert concerned in the context of the exchange with the user.
6.5 The use of the services does not in any way directly or indirectly affect or weaken the responsibility and obligations of the experts registered on the Migrapreneur platform towards the users. The experts practice their profession independently and in accordance with expert and other legal regulations.
Migrapreneur cannot be held responsible in any way for a cancellation or unavailability of the expert after an appointment has been made by the user via the online appointment scheduling service.
The user undertakes to fill in all the necessary data requested from him/her for the booking and execution of the appointment.
6.6 Making an appointment via the online appointment scheduling service constitutes a binding obligation. The user must inform the expert at least 24 hours in advance of any non-appearance at an agreed appointment. Cancellation can be done via the appointment link provided in the email confirmation or through any other means of contacting the expert. Failure to provide timely notification will result in the appointment fee being forfeited, and the user will not be entitled to a refund.
6.7 An independent, separate contract is concluded between the user and the expert. The user must pay for the services used by the expert exclusively via the Migrapreneur platform. The processing of payments is carried out in cooperation with Stripe Inc. an international provider of cashless payments. In connection with the collection of data for the execution of payments, Stripe's data protection regulations apply accordingly, which can be found at https://stripe.com/de/privacy.
Intellectual property
7.1 The Migrapreneur Services and all components that make them up are, unless otherwise stated, the exclusive property of Migrapreneur.
7.2 No provision of the contract can be interpreted as an assignment of intellectual property rights.
7.3 Migrapreneur grants the user a personal, non-exclusive, non-transferable and non-assignable right to use the Migrapreneur platform for the duration of the contract.
7.4 The user undertakes to,
7.5 The user acknowledges that all violations of this article constitute a violation of the law and may be subject to civil or criminal penalties
7.6 No special features are guaranteed for the Migrapreneur platform, unless these are assumed in other sections.
Blocking
8.1 Migrapreneur reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate precautions and to block the user's access if there is reasonable suspicion.
8.2 Abusive behavior includes in particular any defamatory, threatening or insulting statements in word or writing. If the suspicion can be dispelled, the suspension will be lifted, otherwise Migrapreneur may be entitled to an extraordinary right of termination. The suspension of all or part of the services has the consequence that access to the service(s) concerned is temporarily restricted or prevented. Migrapreneur is not liable for damages resulting from the suspension of the services, insofar as there was a reason for this in accordance with the above regulation.
Termination
9.1 Migrapreneur can terminate the contract with a notice period of one month without giving reasons. The right to extraordinary termination for good cause remains unaffected by this. An extraordinary reason for termination may exist in particular in the case of defamatory, threatening or insulting statements.
9.2 The user can terminate the contract at any time by contacting [email protected].
9.3 The termination of the contract by Migrapreneur or the user leads to the automatic revocation of the user's right of access to his account and to the deletion or anonymization of all user data, unless retention regulations prevent this. However, Migrapreneur is entitled to keep a copy of the confidential information if there is a legal obligation to do so.
Protection of personal data
The data protection notices accessible here and available on the website (https://migrapreneur.org) describe the respective data protection regulations.
Roles and obligations of the user and Migrapreneur with regard to the processing of personal data in the context of the performance of the services. By accepting these TOU, the user and Migrapreneur undertake to comply with the terms and conditions of the aforementioned data protection information.
Cancellation policy
11.1 You have the right to withdraw from this contract within fourteen days without giving any reason.
11.2 In order to exercise your right of withdrawal, you must inform us by e-mail at [email protected] or by any other clear statement (e.g. by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
11.3 To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
11.4 Your right of revocation expires prematurely if we have provided the service in full and have only begun to provide the service after you as the consumer have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.
11.5 Consequences of revocation:
The contract expires. The user account will be deleted.
11.6 Sample withdrawal form:
"To
Migrapreneur UG (haftungsbeschränkt), An der Industriebahn 12, 13088 Berlin, registered in the Commercial Register of the Charlottenburg Local Court under the register number HRB 229343 B.
I/we () hereby revoke the authorization granted by me/us ()
contract concluded for the use of the Migrapreneur platform
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date"
Final provisions
12.1 Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by an alternative provision that comes as close as possible to the purpose of the invalid or unenforceable provision.
12.2 The TOU stored and included on the website at the respective time of use shall apply.
12.3 Migrapreneur is free to amend these TOU at any time, in particular to take account of legal and/or technical developments or restrictions. The user will be informed of any changes to the TOU at least six weeks before they come into force. The user may object to the amendment within this period. After expiry of this period, the amendment shall enter into force. If the user objects, Migrapreneur has the possibility to terminate the user relationship extraordinarily.
12.4 Duty to mitigate damages: The parties shall endeavor to achieve the objectives stated in the contract. In particular, the party suffering from the non-fulfilment of an obligation must take all reasonable measures to minimize any resulting damage. If it fails to do so, it can only demand compensation from the other party for the damage that it could not avoid.
12.5 Before taking legal action, Migrapreneur and the user shall endeavor to reach an amicable settlement. The European Commission provides a platform for out-of-court online disputes (https://ec.europa.eu/consumers/odr). Migrapreneur is neither willing nor obliged to participate in a formal dispute resolution procedure before a consumer arbitration board.
12.6 This contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is, as far as legally permissible, Berlin.