eCircle Ltd - General Terms and Conditions for the dispatch of newsletters and mailing lists (by email) via the domeus system.
Welcome to the domeus system from eCircle Ltd. We are very pleased that you would also like to be a part of our ever-growing community and that you would like to use our service. Before you register, please take a few minutes to read the following General Terms and Conditions carefully.
The following paragraphs set out the conditions of use for the domeus system from eCircle Ltd (hereinafter "eCircle"). Please read them carefully.
By filling in the registration and clicking on "Finish" you are declaring that you
- are at least 18 years old or have obtained permission from your parents to use the domeus system;
- will adhere to the General Terms and Conditions set out here;
- the information given by you on registration is true.
1. Area of applicability
The precondition for using the domeus system is to be registered for a group on the domeus system (newsletter or mailing list by email) or to found your own group.
You may register at www.domeus.de under "New registration". Alternatively you may also register through the registration box on the website of one of our partners for a group on the domeus system (newsletter and mailing list).
When you register for a group on the domeus system you will immediately receive an email sent to your registered email address, which is also your username on the domeus system. When you first register your email address you will receive an automatically generated password by email. By logging on to our website with your username and password you can inspect the data in your personal account and update it as necessary. We recommend that you change your personal password regularly.
3. Cancellation, notice
You can cancel your participation in individual groups on the domeus system at any time by sending an email using your registered email address (username) to (firstname.lastname@example.org) (e.g. domeusnews - email@example.com). You can close your account completely by logging onto our website with your username and password on the "Profile" page (Click on "Close account" at the bottom of the page). If you have any further questions please visit us under http://domeus.co.uk/support.jsp .
In accordance with § 312 BGB <<Section 3 of the German Civil Code>> you have a right to cancel in addition to the general right to give notice. The user may cancel without the need to give reasons. The cooling off period for cancellation is two weeks from the date this participation agreement was made. In order to comply with this cooling off period it is only necessary to send a statement of cancellation, e.g. via http://domeus.co.uk/support.jsp. within the time limit. However, in accordance with § 312 d III BGB <<Section 3 of the German Civil Code>> the right of cancellation expires at the latest as soon as eCircle has started to perform the service with the agreement of the user before the end of the cooling off period or where the user has brought this about himself and otherwise at the latest four months after the agreement has been made.
Both the user and eCircle may cancel the use of the domeus system with immediate effect and without giving any grounds.
4. User behaviour / conditions of use
The domeus system serves to enable information on specific areas of interest and activities to be exchanged freely. By registering you declare that you agree to respect all applicable local, national and (as applicable) international laws and guidelines and that you are solely responsible for all actions or omissions which occur in the name of your user account and password. This covers all emails which you may send and all activities undertaken in newsletters and mailing lists in your name.
You undertake that you will not compile, maintain, store or otherwise use any lists and files or send emails with the following content nor to give directions to such files:
You undertake not to resell this service, its use or access to it and thus not to use it commercially.
- pornographic or similar material,
- material infringing personal rights
- content or material which infringes the property rights of third parties,
- exhortations to break penal or other laws,
- content or material with extreme left- or right-wing tendencies,
- other illegal content,
- harmful computer programmes such as viruses, etc.,
- hyperlinks to sites which infringe the above requirements.
You declare that you agree to indemnify eCircle Ltd and its affiliated companies, the management and its staff for all financial losses, liability, claims, damages or costs (including legal costs) which may be caused by a third party making a claim because the service has been used in a manner which is in breach of contract.
eCircle reserves the right to store information and other data and the texts sent by you for archiving purposes and, if applicable, analyse such material for statistical and other purposes. You hereby grant eCircle Ltd the necessary rights of use to this end.
All copyright is reserved. Content received through the service is, unless otherwise agreed, intended only for the personal requirements of the user. Accessing the data entitles the user to use it only on a single occasion. Further copying, distribution and reprinting are not permitted unless specifically agreed otherwise.
You are aware and accept that domeus may show images, text and advertising banners on any part of the emails sent via the domeus system.
You undertake not to insert any more than 3 blank lines at the end of your contributions.
5. Rights of eCircle
eCircle reserves the right, but is under no obligation, to inspect or remove - without notice - any information sent via the service, to close user accounts and to remove newsletters and mailing lists from the system.
In the event of an infringement of the laws of the Federal Republic of Germany or of other states eCircle is entitled to pass information from domeus groups to the responsible (if applicable, prosecuting) authorities.
You accept that eCircle is entitled to remove your messages, to close your account and lists in those cases where it must be assumed that you have infringed the requirements regarding the behaviour of users as laid down in 4 above. Your account and/or the lists you have produced will be closed if the service is misused in any way. Furthermore, lists which are not used occasionally or which are inactive may be removed without prior warning.
eCircle reserves the right to immediately close any account which, to all appearances, sends or is associated with junk mail, spam, chain letters or unwelcome (commercial) mass emails.
Provided you have given your consent at registration, you accept that you will receive advertising messages with news and offers from eCircle and its partners through your email address (e.g. about free offers, special offers, prize draws, newsletters).
6. Responsibility for content
eCircle is not responsible for the content of messages or information distributed via domeus groups and does not give any warranty in this regard.
The domeus system contains links to other internet sites, resources and members of this service. eCircle is not responsible for the availability of these external resources or their content, nor do we necessarily approve of their content.
eCircle is not responsible for the content of advertising, products or other materials on these sites. Any matters concerning an external link should be directed to the relevant site operator or webmaster.
eCircle will endeavour to make the website and access to the databases incorporated in the website fully available in terms of time as far as is technically feasible. However, for technical reasons eCircle is not obliged to ensure that the services are available at all times.
In particular eCircle Ltd reserves the right to notify the user of access times and to alter them at short notice or to limit access to specific services or to limit or modify the services in general.
eCircle also reserves the right to alter the service temporarily or permanently or to cease operating it.
Regardless of the legal ground no damages claims will be accepted unless eCircle has acted with wilful intent or gross negligence or the damages claims arise from an infringement of a guarantee or from physical injury, loss of life or damage to health. eCircle is similarly liable where one of its legal representatives or executives due to minor negligence breaches a duty which is of significant importance in achieving the purpose of the agreement. Furthermore, no liability is ever accepted for consequential or indirect losses.
Where eCircle is liable on the merits damages will be limited to the losses which could be foreseen or an amount of 5.000 £ This does not apply where the event causing the loss is due to gross negligence or wilful intent nor with regard to liability for physical injury, loss of life and damage to health. This does not affect liability under product liability law. All damages claims against eCircle must be made within a time limit of one year from the beginning of the standard limitation period.
Where no liability is accepted, this also applies to the personal liability of staff, representatives, subcontractors and other employees.
9. Data protection
eCircle will store, process and use your personal data. You will find more information regarding data protection here.
10. Amendments to these General Terms and Conditions
eCircle reserves the right to amend these conditions of use. This applies particularly where an amendment is required on the grounds of compulsory legal regulations or where an extension to the services provided makes such an amendment necessary. The user will be notified of any amendments to these conditions of use in electronic form by email. They will be deemed to be accepted unless the user raises an objection in writing or by email. eCircle will specifically mention this consequence when giving notice of amendments. The user must send his objection to eCircle within one month of receiving notice of the amendment.
11. Applicable law, jurisdiction
Only national (German) law shall apply in connection with the use of the domeus system. [Munich] will be the place of jurisdiction insofar as such an agreement can be validly made.
Only these conditions shall apply to the use of the domeus website and the services offered there. No other conditions shall form part of this contract even where such conditions are not explicitly contradicted.
If individual provisions in these conditions of use are invalid or cannot be implemented this will not affect the validity of the remaining provisions. The provision which is invalid or which cannot be implemented will be replaced by a regulation which most closely resembles the commercial content of the provision which is invalid or which cannot be implemented.