GENERAL TERMS AND CONDITIONS
1. Operator, subject, scope
1.1 These General Terms and Conditions apply to the legal relationship between users of the website www.cleverpeople.net (hereinafter referred to as "Platform") and Clever People GmbH (haftungsbeschränkt) - Das Netzwerk for clever people,Ostringstrasse 16 - 4702 Oensingen/Solothurn - Schweiz (hereinafter referred to as "we" or "us"). The object of the platform is a social network/community for highly gifted and neurodiversely gifted people to get to know each other. In detail, the platform offers participants the following functionalities, among others:
- Creation of a participant profile with a photo, personal details and other information
- Communication among the members with the help of a platform-own messaging system
1.2 Our offers and services are subject exclusively to these General Terms and Conditions. Any terms and conditions of the participant that deviate from and/or go beyond these Terms and Conditions shall not become part of the contract.
2. Minimum age
2.1 Registration as a member and use of the platform is only permitted to persons who have reached the age of 18. Minors require the consent of their legal representatives to register.
3. Registration, Activation
3.1 Registration takes place by means of individual communication, e.g. by e-mail.
3.2 For registration, proof of the required intelligence of at least 120 total IQ (or a proven partial giftedness in the area of language, mathematics or logic) of the person is required by submitting a corresponding test result in the original or certified copy, in addition, proof of identity by submitting a copy of the identity card / passport.
3.3 The basic profile shall be activated after receipt of the first monthly fee and after expiry of the 14-day revocation period.
3.4 There is no legal claim to membership. This means that your application for membership may also be rejected in individual cases.
4. User account (registration as a member)
4.1 When registering the participant account, correct and complete information must be provided. Data of third parties may not be used without their consent.
4.2 You are obliged to treat your access data, such as your password, confidentially, not to make it accessible to third parties and to inform us immediately in the event of loss or unauthorized use of your access data.
5. Visibility of profiles, settings for profile details
5.1 Your profile is visible only to registered users.
5.2 The minimum requirement for making your profile visible is the specification of your first name and the first two digits of the postal code of your place of residence. You can publish further details voluntarily at any time.
5.3 You can change and/or delete your profile details in your settings at any time. However, this does not apply to the following information: Username, first name, last name, indication of place of residence with zip code, gender, indication of present Asperger Autism/ASS. For changes in your place of residence or your name, e.g. due to marriage, etc., we require a current copy of your identity card/passport. However, you can lock your entire profile in the profile settings at any time so that it is no longer visible to other participants.
6. Requirements for participant content and obligations of the participants
6.1 Only lawful participant content (texts, images, etc.) may be posted on the platform. They may not contain any depictions of violence and may not be sexually offensive. They may not contain any discriminatory, insulting, racist, defamatory or otherwise unlawful or immoral statements or depictions.
6.2 Participant content and/or its posting on the platform must not infringe any third-party rights (e.g. rights to a name, trademark, copyright, data protection or personal rights, etc.), and the participant must be entitled to the necessary rights of use for the posting on the platform.
6.3 Commercial or other business use of the platform is only permitted in the event of a separate agreement with us.
6.4 Participants may not insult, discriminate, threaten, stalk, mob or otherwise harass other participants in their communication via the platform.
6.5 Any duplication, transmission and/or public reproduction of participant content of other participants outside the platform or contrary to or outside the intended use of the platform is not permitted.
7. Blocking of participant profiles
7.1 We are permitted to block profiles of participants if there are indications that their behavior on the platform or their content is illegal or violates the rights of third parties. For these purposes, an indication of illegality or infringement of rights is, among other things, if third parties take measures, of whatever kind, against us or
against you and base these measures on the allegation of illegality and/or infringement. The blocking shall be lifted as soon as the suspicion of illegality and/or infringement has been removed.
7.2 We shall notify you immediately of any blocking and request you to dispel the allegation within a reasonable period of time. After fruitless expiry of the deadline, we shall have the right of immediate termination.
8. Contract duration
8.1 The duration of the membership chosen by you is always one year (12 months) and is automatically extended by another year, unless you cancel 30 days before the contract expires. Notice of termination must be given in text form (e.g. by post/letter or e-mail to enjoy@cleverpeople.net).
9. Warranty
9.1 Our warranty obligations to consumers are governed by the legal provisions.
10. Exclusions and limitations of liability
10.1 The following shall apply to any liability on our part for damages:
10.1.1 In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.
10.1.2 In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner may regularly rely.
10.1.3 Any further liability on our part, irrespective of its legal basis, shall be excluded.
10.1.4 The exclusions and limitations of liability of the above paragraphs 10.1.1. to 10.1.3. shall apply mutatis mutandis also in favor of our vicarious agents.
10.1.5 Liability due to the assumption of a guarantee or according to the Product Liability Act shall remain unaffected by the exclusions and limitations of liability of the above paragraphs 10.1.1. to 10.1.4.
11. Applicable law, place of jurisdiction
11.1 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. In relation to a consumer, this choice of law shall only apply to the extent that no mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident are restricted thereby.
11.2 The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company.
General terms and conditions for business customers
- for the placement of advertisements on the portal https://www.cleverpeople.net -
1 Operator, subject matter, scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to the placement of advertisements on the portal for highly gifted and neurodiversely gifted people (hereinafter "Platform") operated at https://www.cleverpeople.net, including entries in the expert database on the Platform. The Platform is operated by CLEVER PEOPLE UG (haftungsbeschränkt), Strandstraße 36, 24159 Kiel, Germany (hereinafter "we" or "us").
1.2 Definitions:
1.2.1 Entries in the expert database and/or ad placements and/or personal self-promotion in the user profile or forum posts on the platform are hereinafter referred to as "Ads".
1.2.2 Companies advertising on the platform are hereinafter referred to as "providers".
1.3 The placement of advertisements on the platform is subject to a fee.
1.4 Our offers and services are subject exclusively to these General Terms and Conditions. Any terms and conditions of the User that deviate from and/or go beyond these Terms and Conditions shall not become part of the contract.
2. Conclusion of contract, storage of contractual provisions and contractual language for online orders of advertisements.
2.1 If the contract is not concluded by way of individual communication, i.e. in person, by e-mail, fax, mail, telephone or similar, but online on our website, the contract shall be concluded as follows:
2.1.1 Only the order of the service by you is a binding offer to conclude a corresponding contract. To place the order, you go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct them if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.
2.1.2 We may confirm your offer within five days by
- sending an order confirmation by mail, fax or e-mail, or
- request for payment
The date of receipt of our order confirmation or request for payment by you shall be decisive for compliance with the deadline.
2.1.3 We save the contractual provisions, i.e. the order data/registration data and these GTC. You can print or save the contractual provisions on your part by using the usual functionality of your browser in each case (there usually "Print" or "File" > "Save as").
The order/registration data are contained in the overview that is displayed in the last step of the order/registration.
2.1.4 The contract language is German.
3. User account (registration)
3.1 When registering the user account, correct and complete information must be provided. Data of third parties may not be used without their consent.
3.2 Multiple registrations are not permitted.
3.3 You are obliged to treat your access data, such as your password, confidentially, not to make it accessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.
4. Advertising services and prices
4.1 Formats and placements for the advertisements and, if applicable, other specifications as well as the respective prices shall be based on our service description or price list or other price list for the relevant products valid at the time of conclusion of the contract.
5. Requirements for advertisements
5.1 Accuracy and Timeliness: You shall keep your advertisements accurate in content and current at all times.
5.2 Hyperlinks: If your advertisements contain hyperlinks, you must ensure the technical availability of the target page, as well as the legality of the content of the target page and the environment of the target page.
5.3 Compliance with applicable laws: You must ensure that your ads do not violate relevant legal provisions. This includes, for example, the prohibition of unfair, misleading or otherwise anti-competitive advertising under the UWG, the Price Indication Ordinance or provisions of criminal law.
5.4 No infringement of third-party rights: Your advertisement must not infringe third-party industrial property rights or third-party intellectual property rights, such as rights to a name, trademark rights (brands, registered designs) or copyrights.
The provider assures us that he can freely dispose of the rights to the contents of his advertisement that are necessary for the placement of his advertisement and that the rights of third parties do not conflict with this.
5.5 Obligation to provide an imprint: The provider must ensure that any advertisements that it has placed on the platform itself contain an imprint. A clearly visible, recognizable and meaningful link (e.g. "Imprint") to an existing imprint of the provider elsewhere is sufficient. The imprint must comply with the imprint obligation within the meaning of § 5 of the German Telemedia Act (Telemediengesetz).
6. Blocking of advertisements
6.1 We are permitted to block advertisements immediately if there are indications that these or, as the case may be, a target page to which the advertisements are redirected or the environment of the target page is illegal or violates the rights of third parties. For these purposes, an indication of illegality or infringement shall be deemed to be, among other things, if third parties take measures, of whatever kind, against us or against you and base these measures on the allegation of illegality and/or infringement. The interruption of the connection shall be lifted as soon as the suspicion of illegality and/or infringement has been dispelled.
6.2 We shall notify you immediately of any suspension of advertisements and request you to dispel the allegation within a reasonable period of time. After fruitless expiry of the deadline, we shall have the right of immediate termination.
7. Invoicing by e-mail
7.1 We are entitled to invoice by e-mail.
8. Data protection/privacy policy
8.1 If you collect personal data from users via the platform for business purposes (e.g. advertisement with contact form), you are responsible under data protection law for your processing of the personal data that users provide to you in this context. On the other hand, insofar as this personal data is processed for the provision of our platform services, we are responsible.
8.2 We have included general information about the collection of user data by advertising companies on the platform in our privacy policy (contact requests to providers). The information provided in this section about the handling of user data must be complied with by you - without prejudice to your other obligations under data protection law - unless you provide different data protection notices on the platform.
9. Exclusions and limitations of liability
The following shall apply to any liability on our part for damages:
9.1 In the event of intent and gross negligence, including that of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, limb or health.
9.2 In the case of negligently caused damage to property and financial loss, we shall only be liable in the event of a breach of an essential contractual obligation, but the amount shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
9.3 In all other respects, any liability on our part shall be excluded, irrespective of its legal basis.
9.4 The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favor of our vicarious agents.
9.5 Liability due to the assumption of a guarantee or according to the Product Liability Act shall remain unaffected by the exclusions and limitations of liability of the above paragraphs (1) to (4).
10. Miscellaneous
10.1 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.
10.2 The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to bring an action at the customer's place of business.