Terms and Conditions

Please read our Terms and Conditions

§1. Subject and area of application
§2. Conclusion of contract; contractual relationship
§3. Responsibility for login credentials
§4. Right of withdrawal
§5. Our services
§6. Your general obligations
§7. Availability of services
§8. Responsibility for content
§9. Prohibited activities
§10. Blocking access
§11. Indemnification clause
§12. Prices and payment
§13. Contract duration and termination
§14. Limitation of liability
§15. Data privacy
§16. Changes in terms and conditions
§17. Final provisions

 

§1. Subject and area of application

  1. pme Familienservice GmbH (hereinafter: "pme") provides an Internet portal for the purpose of arranging services between clients and contractors.
  2. These Terms and Conditions govern the rights and obligations of use between pme, the provider and owner of the website, on the one hand, and the user of the "My.Familienservice.de" Internet portal on the other.
  3. The most recent version of these Terms and Conditions applies directly to all provider-user relationships between pme and the portal users.
  4. We do not recognize other Terms and Conditions, unless we have agreed to their applicability in written or text form.


§2. Conclusion of contract; contractual relationship

  1. Permission to use the portal is granted only to employees of a company which has concluded a contract for services with pme Familienservice. Furthermore, the spouse, civil partner or partner of said employees, as well as members of their immediate family who are of legal age, are permitted to use the portal as well. This permission is non-transferable.
  2. Registration as a user of the portal constitutes conclusion of a contract. This use contract is in effect from the point at which we confirm your registration in text form (e.g. e-mail).
  3. During the process of registration and before the contract is concluded, you are given the option of printing the contract text (i.e., these Terms and Conditions and our Privacy Policy). To do this, you can use the Print function in your browser.
  4. You must be at least 18 years old to register.
  5. The user has no claim to the conclusion of a use contract. We have the right to refuse registration of any user without specifying a reason.
  6. The user of My.Familienservice.de has no claim to the use of certain functions. pme has the right to modify, remove, or add functions at any time without specifying a reason.


§3. Responsibility for login credentials

  1. Before you can use our referral services, you need to register by entering the required data.
  2. You are obligated to keep confidential both which data you give us for registration (name, address, e-mail address, etc.) and the data sent to you for administration of your user account, and prevent unauthorized access by third parties.
  3. The data you enter must be accurate and complete, and must be kept up to date.
  4. Each user is permitted to have only one profile.
  5. pme will check the data for completeness. The user is responsible for the accuracy. pme is not liable for incorrect content of which it has no knowledge.
  6. You are responsible for ensuring that your profile is used to access and use our website only by yourself and/or other authorized users. If there is a reasonable basis for the assumption that unauthorized third parties have gained or will gain knowledge of your login credentials, pme must be informed without delay.
  7. You are liable, to the extent defined in the applicable statutory provisions, for every use and/or other activity carried out using your login credentials.
  8. It is your responsibility to ensure that the rights of third parties, in particular rights to a name or to a trademark, are not violated by your choice of user name.
  9. pme has the right to exclude any user from use of the portal.


§4) Right of withdrawal

  1. Instructions on your right of withdrawal: You have the right to cancel this contract within fourteen days without specifying a reason.
    
The fourteen-day period begins with the day on which the contract is concluded. 
To exercise your right of withdrawal, you must notify us at pme Familienservice GmbH, Central Office, Flottwellstr. 4-5, 10785 Berlin, Germany; phone: 030 263935 70, fax: 030 263935 77, e-mail: info@familienservice.de  by providing an unequivocal statement of intent (e.g. in a letter sent through the post, by telefax or e-mail) informing us of your withdrawal from the contract. You can use the linked withdrawal form if desired, but this is not required. The fourteen-day deadline is considered met if you send your notice of withdrawal within that period.

    

Consequences of withdrawal
    If you cancel this contract, we shall return any payments, including shipping costs (excluding any additional costs incurred through your choice of a shipping option other than our standard, economical shipping option), without delay and no later than within fourteen days from the day on which we receive your notice of withdrawal. This reimbursement will be made in the same form in which your original payment was made to us, unless a different method is expressly agreed to; regardless of payment method, no fees with be charged to you for the reimbursement.
    
- End of withdrawal instructions -


§5. Our services

  1. pme intermediates between clients and contractors and is not a participant in the resulting contract. Any dispute that arises relating to the subject of the contract must be handled by client and contractor themselves.
  2. We provide our users with various information and other services for use over a limited time period. In particular we offer an Internet platform, the scope of which depends on the contract concluded with the user's employer, through which pme provides information regarding various life phases and situations as well as helpful resources relevant to them.
  3. What resources are offered depends on the service contract, and may include resources for independent searches and/or specific referrals for advice or care services.
  4. The content and extent of services offered are defined by the contract between pme and the user's employer, as well as in part by the functionalities available on our website at a given time.
  5. We reserve the right to optimize our services at any time and, in the case of services that are free of charge, to reduce or discontinue them as we see fit. When doing so, the relevant legitimate interests of the user will be taken into account.


§6. Your general obligations

  1. The platform may be used only in a manner compliant with statutory provisions and these Terms and Conditions.
  2. The information you provide in conjunction with the use of our online platform regarding your person, your employer and any use of a service must be true and accurate.
  3. E-mails and other electronic messages you receive from us or other users in connection with the use of our services must be kept confidential and must not be shared with third parties without consent of the other party or parties to the communication.
  4. You are not permitted to share information or offers provided by pme with persons or organizations that do not have user rights on our platform, unless permission has been expressly granted by pme in writing.
  5. You are not permitted to advertise for Internet services on this portal.


§7. Availability of services

  1. We make every effort to ensure the uninterrupted availability of this service, but make no guarantee for any particular level of availability.


§8. Responsibility for contents

  1. Any time you post information or other content on our platform, you automatically grant us a transferable right to use that content free of charge, including but not limited to the following:
  2. To store the content on our Internet servers and to publish it, in particular to make it publicly accessible (e.g., by showing it on our web pages) and to use the information in other communication channels (telephone, letters, fax, etc.) for the purpose of referrals for care services;
  3. To process and reproduce the content, insofar as necessary for its provision and/or publication, and
  4. To grant the right of use of your content – also free of charge – to third parties.
  5. You are responsible for the content you post. We view the information you provide, and may make changes in it upon consultation with you. However, we make no guarantee to any party to a contract with you that the information you provide is accurate. We further reserve the right to make changes in the data you provide if there is a reasonable basis to assume that information in your user profile is inaccurate. This may be the case, for example, if language skills are inaccurately claimed.
  6. You declare and guarantee to us that you are the sole holder of all rights to any content you post on our website, or that you have in some other manner procured the right (e.g. through permission from the copyright holder) to post the content on our website. This applies in particular to profile photographs uploaded by you.
  7. We reserve the right to deny permission to upload content, and/or to edit, block or remove content that has already been posted (including private messages), if the posting of the content by you, or the content itself, constitutes a violation of these Terms and Conditions or if there are concrete indications that a major violation of these Terms and Conditions may be the result. We will take your legitimate interests into account in all such cases, and take appropriate measures to prevent and/or eliminate the violation.


§9. Prohibited activities

  1. Activities that are against the law, or that violate the rights of others or the regulations for the protection of children, are not permitted when using our online platform. In particular, the following actions are prohibited: 
    1. Posting, distributing, offering, or advertising content, products, or services that are pornographic, or that violate regulations for the protection of children, data privacy laws, and/or any other laws, and/or are fraudulent in nature or purpose;
    2. Using content that is offensive or slanderous to others;
    3. Using, providing, and distributing content, services and/or products that are protected by law or subject to the rights of others (e.g. copyright law) without express permission to do so;
    4. Violating legal provisions for the prevention of undocumented labor;
    5. Posting information or other content of a nature that is slanderous, threatening, racist, offensive, or that glorifies violence, or content that encourages the use of substances that are hazardous to health (as described in laws governing prescription drugs and opiates). Furthermore, posting information of a religious or political nature that may offend or hurt the feelings of persons of a different religious or political position is not permitted.
  2. In addition, the following is prohibited when using our website regardless of whether laws are violated: 
    1. Distributing computer viruses, trojans, or other hazardous files;
    2. Sending junk e-mail, spam, or chain e-mails;
    3. Disseminating content or communications that are salacious, offensive, sexual in nature, obscene or defamatory, and/or content or communication that lends itself to explicitly or implicitly promoting or supporting racism, hate, physical violence or illegal activities;
  3. Furthermore, any activities that may inhibit the operation of our website, in particular anything that may put an undue load on our systems, is prohibited.
  4. It is not permitted to use the content or offers on our website for other than their intended purpose, nor to transfer them to third parties, without permission from pme in writing.


§10. Blocking access

  1. We can block your access to our website temporarily or permanently if there are specific indications that you have violated these Terms and Conditions or applicable law, or if we have any other legitimate interest in blocking your account. In deciding whether to block your access, we take your legitimate interests into account.
  2. We can block your account if we no longer have a service contract with your employer.


§11. Indemnification clause

  1. You hereby undertake to indemnify us, on our first demand, against any and all claims made by third parties against us, as service providers, due to a violation on your part of legal regulations, the rights of third parties (in particular personal rights, copyright or trademark rights) or breach of contractual obligations, assurances or guarantees, including any costs that arise for legal defense (attorney's fees and court costs in the amount fixed by law).
  2. Should any claims be made against us as described in the previous paragraph (1.), you are obligated to cooperate without delay or reservation in establishing the facts of the case and to provide us with all relevant information in a suitable form and manner.


§12. Prices and payment

  1. The use of our information portal, "My Familienservice", is free of charge for employees of our contractual partners.
  2. If payments are necessary for any of the services offered, the user will be informed of this fact and additional contractual conditions, and the user's agreement to make said payment will be requested.


§13. Contract duration and termination

  1. You can terminate the contractual relationship at any time without specifying a reason by activating the corresponding function in your user account to delete your user profile. (2) We can terminate the contractual relationship at any time without specifying a reason by giving you one month's notice in text form (e.g. in e-mail).
  2. We can terminate the contractual relationship if the service contract with your employer comes to an end.
  3. The right of each party to terminate for cause is not affected by the terms of this contract. The right to terminate for cause may in particular be exercised if the user deliberately violates provisions of these Terms and Conditions and/or deliberately or negligently engages in or enables activities that are prohibited.


§14. Limitation of liability

  1. We accept unlimited liability for all damages that occur, whether due to intent or gross negligence, in connection with the performance of the contracted services.
  2. In the case of simple negligence, we accept liability to the extent of damage to life, body or health.
  3. In other respects, we accept liability only for a major breach of contract. A breach of contract shall be deemed major when it involves a contractual obligation the fulfillment of which was made possible only through the orderly execution of the contract, and the fulfillment of which the user may as a rule expect.
  4. To the extent that our liability is limited or excluded by the regulations named above, the same applies to our vicarious agents.
  5. In cases of force majeure, pme accepts no liability.
  6. Furthermore, pme accepts no liability for limited availability of the portal.
  7. The user is liable for the content in his or her profile. This is third-party content from the perspective of pme.
  8. Liability according to the laws on product liability is not affected by the terms of this contract.


§15. Data privacy

  1. We ensure that personal data are collected, stored and processed only to the extent necessary for performance of services as contracted and to the extent allowed by legal regulations or ordered by law. We handle personal data in confidentiality and in accordance with the provisions of the applicable data protection laws and do not share them with third parties, unless this is required for compliance with contractual obligations and/or there is a legal obligation to do so.
  2. In the event that, while using our website, you are asked to consent to our privacy policies, you will also be notified at that point of your right to revoke this agreement at any time, applicable to future data processing.
  3. For more information about data privacy and the purpose, type and scope of the collection, processing and use of personal data, please refer to our privacy policy, available at any time by clicking on the Data Security link.


§16.Changes in terms and conditions

  1. We reserve the right to alter these Terms and Conditions at any time, effective even within the scope of the existing contractual relationship, in particular in the event of changes in relevant laws, jurisdiction, or economic situation, or changes that have solely positive effects for the user. You will be notified of such changes in text form (e.g. e-mail) at least 6 weeks before they are scheduled to go into effect.
  2. If you do not file an objection within 6 weeks of receipt of this notification and continue to avail yourself of our services after conclusion of the 6-week period, the modifications are deemed to have been agreed to as of the end of that period. The notification of modification will include details concerning your right of objection and on the consequences of objecting.
  3. If you object, we have the right to end our contractual relationship with you effective as of the date scheduled for the changes to take effect.


§17. Final provisions

  1. These terms and conditions are governed by the laws of the Federal Republic of Germany, whereas the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  2. Information regarding online dispute resolution: The European Commission offers online dispute resolution (ODR) services for consumers on their website at http://ec.europa.eu/consumers/odr/. The provider is not obligated to participate in dispute resolution proceedings mediated by a dispute resolution body.
  3. If the user is a businessperson, a legal person under public law or a special fund under public law, the location of our headquarters is the exclusive place of jurisdiction for all conflicts arising out of the contractual relationship.
  4. If any provision in these Terms and Conditions should prove to be invalid or should become invalid, that shall not affect the validity of the other provisions herein.

 

pme Familienservice GmbH
Flottwellstraße 4-5
10785 Berlin
info@familienservice.de

Commercial register: Municipal court of Berlin-Charlottenburg, HRB 68116
Executive director: Alexa Ahmad

Last updated: 25.11.2018