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Terms of Service
General terms and conditions of the Waitbird UG (haftungsbeschränkt) for the online platform www.WAITBIRD.com for customers.
The following general terms and conditions apply to use by customers or clients via the online platform on the website www.waitbird.com (hereinafter referred to as "Waitbird"). Waitbird is operated by Waitbird UG (haftungsbeschränkt), represented by
Waitbird UG (haftungsbeschränkt), Im Adrian 1, 54411 Hermeskeil, Fax: 06503-994706, Email: firstname.lastname@example.org
(hereinafter referred to as "provider"). For any special promotions (e.g. loyalty or bonus programs), separate conditions may apply, which are referred to together with these terms and conditions before the contract is concluded.
1. Subject matter of the contract, parties
- Waitbird is an online waiting list operated by the provider through which third parties, among others, from the fields of doctors, craftsmen, authorities and services, provide waiting list places to consumers and entrepreneurs. Commercial traders and service providers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter referred to as "service providers") who offer the relevant waiting list places and provide them to consumers and entrepreneurs (hereinafter referred to as "customers") can register on Waitbird. Waitbird is used to provide a place on the waiting list.
- The provider will accept all entries in the waiting list on behalf of the service provider and is responsible for the proper processing. Likewise, the provider will immediately make the entries transmitted by the service provider or buyer and is the only contact person for the buyer in this regard.
- The provider is not a contractual partner of the services offered on Waitbird, but is merely an agent for a place on the waiting list in order to receive a service. A contract between the customer and the service provider is not concluded on Waitbird. The provider takes on the mediation of waiting people by providing the platform and presentation of the company as well as receiving and submitting the data from the service provider that is relevant for the waiting list place, without making his own declaration.
- If necessary, the provider makes adjustments to the Waitbird design and formatting of the content supplied by the service provider, but does not generally check whether the waiting lists and other content posted by the service providers on Waitbird as well as the information provided by customers are legal, truthful and complete. The content posted by the service providers and customers does not reflect the opinion of the provider.
- The provider will endeavor to provide Waitbird with an availability of 95% on an annual average. This does not include downtimes that are necessary to work to improve the security or integrity of the server or to carry out technical measures and which serve the proper or improved provision of the provider's services (maintenance work).
2. Registration, conclusion of contract
- Registration of the customer is a prerequisite for receiving a place on the waiting list via Waitbird. By registering on www.waitbird.com, the provider and the customer conclude a contract that entitles the customer to use the online waiting list and, under the conditions set out in these general terms and conditions, to use the services of the service provider via Waitbird (hereinafter referred to as: Called "contract").
- Legal entities and partnerships may only be registered as customers by an authorized representative who must be named. When registering, only individual persons may be named as the owner of the customer account (not families, married couples, etc.).
- When registering his account, the customer must provide his full address data and email address. The customer is responsible for ensuring that the information provided by him to the provider when registering is true and complete. If a customer provides incorrect or incomplete information, the provider is entitled to delete the customer's account without observing a deadline and to terminate this contract.
- Registration for participation in Waitbird comes about when the customer completes the entry of his data on the respective registration page by clicking on the "Register" button and thus submits an offer to conclude the user contract for Waitbird.
- Before submitting the registration, the customer has the opportunity to correct his entries on this page before he submits his binding registration to Waitbird.
- Following the complete registration, the provider sends the customer an email in which he confirms the receipt of the registration offer and accepts it by sending the personal access data necessary for the use of Waitbird.
- There is no entitlement to registration and participation in Waitbird. In particular, the provider reserves the right to refuse registration or entry in a customer's waiting list.
- The customer undertakes to notify the provider immediately and without being asked of any future changes to the data provided during registration and participation.
- Der Abnehmer ist unter keinen Umständen berechtigt, seine Zugangsdaten und insbesondere sein Zugangspasswort an Dritte weiterzugeben. Sollten Dritte dennoch Zugang zu dem Account des Abnehmers erhalten oder der Abnehmer sonstige Anhaltspunkte für den Missbrauch seines Accounts haben, muss der Abnehmer den Anbieter darüber umgehend informieren und seine Zugangsdaten ändern.
- Waitbird will not pass on the access data to third parties and will not request them from the customer by email or telephone.
- If entries are made in a waiting list under the access data of a customer, the customer must have these entries attributed to himself. He is liable for the damage incurred by the service provider for all waiting list entries made via his account, unless he has informed the provider in good time about the loss of his access data or any other suspicion of abuse.
- A customer is not entitled to register multiple times on Waitbird. A member account is not transferable.
- The customer has the option of editing his account with further personal details and information (such as a profile photo, etc.). The customer is obliged to only use such materials, in particular photos, which he is authorized to use. The purchaser grants the provider the non-exclusive right, limited to the duration of the purchaser's registration, to use the materials uploaded by the purchaser in his account exclusively on Waitbird and exclusively in connection with the purchaser's activities. The customer releases the provider from all damages and claims that are asserted against the provider due to the violation of third party rights through the use of the materials uploaded to the account by the customer. In particular, this also includes the reasonable costs of legal defense.
3. Conclusion of contract and execution of the contract between customer and service provider
- The creation of a waiting list on Waitbird does not represent a binding offer by the service provider. The binding entry in a waiting list ends when the customer sends the binding confirmation after he has chosen the waiting list.
- Before sending the binding confirmation, the customer has the opportunity to check and correct all the data he has entered.
- The service provider's waiting list access or waiting list place for the customer is assigned if the provider adds the customer to the waiting list on behalf of the service provider, i.e. on his behalf. With the entry of the customer in the service provider's waiting list and the allocation of a place on the waiting list, the provider has completely performed his service.
4. Right of withdrawal, expiry of the right of withdrawal
- The customer has the right to revoke this contract within 14 days from the date on which the contract was concluded. The revocation has no justification. Sending the revocation in time is sufficient for the deadline.
- To exercise the right of revocation, it is sufficient for the customer to make a clear declaration to the sender (e.g. by letter sent by post, fax or email) about his decision to revoke this contract. The customer can use the attached model withdrawal form for this purpose.
- The buyer hereby gives his express consent that the provider may start providing the service before the withdrawal period has expired. At the same time, by accepting these general terms and conditions, the customer confirms that he has taken note of the fact that his right of withdrawal expires once the service provider has provided the full service.
- Deviating agreements have not been made between the buyer and the provider or the service provider.
- Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back to us.
To Waitbird UG (haftungsbeschränkt), Zum Lösterblick 4, 54411 Hermeskeil, email@example.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) - Ordered on (*) / received on (* ) * Name of the consumer (s) * Address of the consumer (s) * Signature ofConsumer (s) (only when notified on paper) * date * signature
(*) Delete where inapplicable.
The provider does not carry out any payment transactions for service providers or customers.
- All content posted by the service provider in the context of a queue on Waitbird is exclusively that of the respective service provider. The provider does not adopt this as his own. The provider does not guarantee that the waiting list will be processed correctly and in chronological order.
- The product images provided on Waitbird are for illustration purposes only and are symbolic images. Waitbird and the respective service provider reserve the right to make reasonable deviations from the waiting list space.
- The customer is directly liable in the event of a violation of the rights of third parties or in the event of a violation of legal regulations or requirements. The customer undertakes to exempt the provider from all third-party claims for damages resulting from non-compliance with the obligations arising from these general terms and conditions, the violation of the rights of third parties or from a violation by the customer of statutory regulations or requirements.
- The liability of the provider, regardless of the legal reason, be it from breach of contractual duty or tort is finally determined by the following regulations:
- The provider is fully liable for intent and gross negligence, but only in the event of a breach of essential contractual obligations for slight negligence. Liability in the event of a breach of such an essential contractual obligation is limited to the damage typical of the contract, which the provider had to reckon with when the contract was concluded based on the circumstances known at the time. Essential contractual obligations in this sense are those obligations on the fulfillment of which the customer can regularly rely and the fulfillment of which is essential for achieving the purpose of the contract.
- The provider is only liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided through appropriate data backup measures on the part of the customer.
- The above limitations of liability do not apply in the case of the assumption of express guarantees by the provider and for damages resulting from injury to life, limb or health that are based on a negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider and in the case of mandatory legal regulations.
- The provisions of the Product Liability Act remain expressly unaffected.
7. Duration, blocking and termination
- This contract is concluded for an indefinite period. It begins with the activation of the customer's account by the provider and can be terminated by the customer at any time by deleting his account.
- The provider can properly terminate the contract with a notice period of two weeks to the end of a calendar month.
- The customer undertakes to fulfill all obligations he has entered into towards Waitbird up to the end of the contract.
- The right to terminate the contract without notice for an important reason remains unaffected.
- In particular, the provider can terminate the contract without notice if:
- the customer provided incorrect or incomplete information when registering or
- the customer repeatedly violates other contractual obligations and does not omit the violation even after being requested by the provider.
- If the provider has terminated the contract, the customer has no right to set up a new account, not even under a different name or name.
- Any notice of termination must be given in writing. A termination by fax or e-mail is sufficient for the written form, but not any other telecommunication transmission
- If the customer does not have a general place of jurisdiction in Germany or if the customer is a merchant within the meaning of the Commercial Code (HGB), the place of jurisdiction for all legal disputes is Sitz of the provider.
- The customer is - insofar as he is an entrepreneur - only entitled to offset undisputed or legally established claims.
- The parties can only transfer rights and obligations from this contract with the prior written consent of the other party.
- Should individual provisions of these general terms and conditions be or become fully or partially ineffective, this shall not affect the validity of the remaining provisions of this contract, including the remaining general terms and conditions. The statutory provisions take the place of the ineffective provisions. This also applies in the event that the general terms and conditions should show an unforeseen gap.
Status: October 2019