eazi UG (haftungsbeschränkt)

Terms and conditions

Last updated on: June 22th, 2020

  1. Contractual relationship

These Terms and Conditions (“Terms”) constitute the contractual basis between you and eazi UG (haftungsbeschränkt, i.e. with limited liability) (“eazi”), registered in the District Court Charlottenburg under number HRB 210440 B based in Reinhardtstrafte 27B, 10117, Berlin, Germany. They regulate the use of intermediary services and related services offered by eazi.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR MEDIATION SERVICES

By accepting these conditions, you declare your legally binding acceptance of these conditions. The use of intermediary services presupposes acceptance of these conditions.

These conditions expressly replace all contracts or agreements previously concluded with you.

eazi can immediately terminate these conditions and all intermediary services vis-a-vis you, generally discontinue the intermediary services or deny access to all or part of any intermediary services at any time for any reason.

Additional conditions may apply to certain agency services, such as guidelines for a specific event, promotions or offers.

Supplementary conditions apply in addition to the conditions for the respective agency services and constitute part of them. If there is a contradiction to the present conditions, the supplementary conditions apply to the respective agency services. eazi can change the conditions at any time. eazi will notify you of the changes. By confirming the changed conditions, you agree to the changed conditions. From this point in time, the changed conditions take effect.

Our collection and use of personal data in connection with the intermediary services is carried out in accordance with eazi’s data protection guidelines, which can be found at https://eaziapp.com/privacy-policy/. Without prejudice to the data protection guideline, eazi can, insofar as the applicable laws allow, provide a claims processor or insurer with all the necessary information (including your contact details) if there is a complaint, a lawsuit or conflict in connection with the services that eazi acts as a mediator for, in which you and a third party (in particular an independent service provider) are involved and this information or data is necessary to follow up and settle the complaint, litigation or conflict.

  1. The mediation services

eazi offers various technology platforms and provides you with mediation services through them. The use of these intermediary services is free of charge for you, unless otherwise agreed. The mediation services include the provision of a technology platform with which requests for diverse services from users of eazi’s mobile applications or websites (each an “application”) are transmitted to independent third-party providers (“independent service providers”), this includes the billing of services in the name and for the account of the independent service provider. Unless otherwise agreed in a separate written contract between eazi and you, the mediation services are only offered for your private, non-commercial use.

You are free to use the mediation services. There is no obligation to use the intermediary services for certain periods.

At the same time, eazi is not obliged to successfully provide you with services. It is at the sole discretion of the respective independent service provider to accept or reject your request for services. The application enables you to send a request for a service. The GPS receiver, which should be installed on the mobile phone (smartphone) to which you downloaded the application, recognizes your location.

If you activate the GPS function, eazi will send your request together with your location data by email to the independent service provider.

THEREBY YOU INSTRUCT AND AUTHORIZE EAZI TO FORWARD YOUR REQUEST TOGETHER WITH YOUR LOCATION DATA AND CONTACT
INFORMATION TO AN INDEPENDENT SERVICE PROVIDER, AND IF THE NATURE OF THE REQUEST REQUIRES IT, TO AN INDEPENDENT PROVIDER WHO IS AVAILABLE AND LOCATED CLOSE TO YOU.

If the independent service provider accepts your request, you will receive a notification via the application with information about the independent service provider – including the name, the customer service rating – as well as the possibility to contact the service provider by phone. The application enables you to also see in real time how quickly the service provider is approaching your location.

If there is no independent service provider who accepts your request at the time your request is sent, you will receive a notification via the application.

YOU ARE HEREBY MADE AWARE THAT EAZI DOES NOT PROVIDE ANY OF THE SERVICES THAT YOU REQUEST FROM AN INDEPENDENT SERVICE PROVIDER. THE INDEPENDENT SERVICE PROVIDERS DO NOT WORK FOR EAZI OR A COMPANY RELATED TO EAZI. THEY ARE NOT EMPLOYED BY EAZI OR ANY COMPANY RELATED TO EAZI.

LICENSE.

Provided that you fully comply with these conditions, eazi grants you a non-exclusive, restricted, revocable, non-sublicensable and non-transferable license for: (i) access to and use of the applications on your own device in connection with the use of the mediation services and (ii) access to and use of all content, information and associated materials made available through the applications, but only for your private and non-commercial use. All rights not expressly granted herein are reserved by eazi and eazi’s licensors.

LIMITATIONS.

You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the relevant part of the applications; (ii) reproduce, modify, prepare, distribute, license, rent, sell, resell, transmit, forward, publicly display or perform or stream the applications without eazi’s express permission, to be sent or otherwise used for profit; (iii) decompile, reverse engineer, or disassemble the applications, unless permitted by law; (iv) to link, frame or mirror a part of the applications; (v) use programs or scripts aimed at scraping, indexing, develop or install surveys or other data mining or unduly restrict or hinder the operation or function of aspects of the applications; or (vi) to interfere or attempt to gain unauthorized access to part of the applications and the systems or networks connected to them.

BRANDS OF EAZI.

You confirm that the mediation services will be made available under various brands of eazi depending on the design of the respective mediation service, including the brands for the mediation of services such as (but not exclusively) “eazi”. You agree that the mediation services will, at eazi’s sole discretion, be made available by or with the participation of certain eazi subsidiaries or affiliates.

PROPERTY.

Ownership of the items and other rights associated with the mediation services remains with eazi or eazi’s licensors. Neither these terms nor the use of intermediary services grant you any rights: (i) to or in relation to the intermediary services, except for the limited license granted above; or (ii) for the use of or reference to eazi’s company names, logos, product and service names, brands or those of eazi’s licensors.

  1. Your use of mediation services

USER ACCOUNTS.

To use the mediation services, you must create and maintain your own user account (“Account”). In order to create an account, you must be at least 18 years old.

To register an account, you must provide eazi with certain personal data such as your name, e-mail, address, mobile phone number and date of birth, as well as at least one valid payment method (either a credit card or a recognized payment partner).

You agree to ensure that your account information is always accurate, complete and up to date. If your account details are no longer correct, complete and up-to-date, or if the payment method stored in the account information is invalid or has expired, you may no longer be able to access or use eazi’s mediation services, or eazi may cancel this contract with you. You are responsible for all activity on your account and you are committed to keeping your username and password safe and confidential at all times.

You cannot have more than one account without eazi’s written approval.

When interacting with other users, exercise caution and common sense to protect your personal security, data, and property, just as you would when interacting with other people you don’t know. eazi is not liable for incorrect or misleading information provided by users of the application.

USER AND BEHAVIOR REQUIREMENTS.

The mediation services are not available to people under the age of 18. You are not permitted to allow third parties to use your account and to allow people under the age of 18 to use the services offered by the independent service providers without your supervision. You are not permitted to assign your account to other people or companies, or to transfer or make it available in any other way. You undertake to comply with all relevant laws when you use the mediation services and you may only use the mediation services for lawful purposes.

TEXT MESSAGES.

By creating an account, you agree that text messages (SMS) with information will be sent to you as part of normal business operations as part of the use of the mediation services. You can opt out of receiving text messages (SMS) from eazi at any time by sending an email to info@eaziapp.com, specifying that along with the number of the cell phone on which you are receiving these messages you no longer want to receive these messages. You are aware that the deselection of text messages (SMS) can impair your use of the mediation services.

COUPON CODES.

eazi may, at its sole discretion, issue coupon codes that are credited to the account, or other incentives or advantages for the intermediary services or for the services of the independent service providers (“Coupon Codes”). Additional conditions generally apply to the use of the individual coupon codes. You agree that Coupon Codes: (i) may only be used lawfully and for the specified audience and purpose; (ii) not be duplicated, sold or transferred in any form, or made available (through public posting or otherwise) to the public unless expressly authorized by eazi; (iii) can only be used in accordance with the additional conditions set by eazi for the relevant Coupon Code; (iv) cannot be paid out in cash; and (v) can expire before redemption. eazi reserves the right to claim credits or other benefits.

CONTENT PROVIDED BY USERS.

eazi may, at its sole discretion, submit, upload, publish, or otherwise make available text, audio and I or image content and information or others, that were made available to eazi through the applications, including unfiltered comments and unfiltered feedback on the mediation services, support inquiries and the submission of participation in the context of offers and promotions (”user content“). All user content you provide remains your property.

You take all the required measures and care to ensure that: (i) you are the sole and exclusive owner of all user content; and (ii) neither the transmission, uploading, publication or otherwise making available of this user content, nor the use of the user content by eazi, violate, disregard or infringe the intellectual property or property rights, publication rights or data protection rights of third parties or violate any applicable law or regulation.

You agree not to post any User Content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful, which eazi decides at its sole discretion, regardless of whether this material is protected by law or not. eazi reserves the right, at its sole discretion, to review and monitor user content and to remove it in the event of a violation of the above code of conduct. There is no obligation to remove user content.

NETWORK ACCESS AND DEVICES.

You are responsible for setting up the data network access required to use the mediation services. While accessing and I or using the mediation services, data and connection fees and charges from your mobile network provider may apply, for the payment of which you are responsible. You are responsible for the procurement and updating of the compatible hardware and devices that are required for access to the intermediary services and applications as well as their updates or for the corresponding use. eazi does not guarantee that the mediation services or parts thereof will work on the respective hardware or the relevant devices.

  1. Services provided by independent service providers.

eazi only acts as an intermediary between you and the independent service providers. The independent service providers to whom your request was communicated via the application are solely responsible for the service. If the independent service provider accepts your request, the contract is concluded directly between you and the respective independent service provider. eazi is never a party to this service contract.

You are aware that other conditions apply to the provision of services, which are agreed between you and the independent service provider.

In these conditions, the provision of services can be made dependent on certain rules of conduct.

The respective independent service provider is solely responsible for determining and enforcing these rules of conduct and other conditions.

  1. Payments

The use of mediation services is free of charge. However, eazi reserves the right to introduce a fee for the use of mediation services. If eazi decides to introduce such a fee, eazi will inform you accordingly in advance and allow you to continue or terminate the contract.

All payments in connection with the mediation services provided by eazi are made via a licensed payment service provider (“payment service provider”) on the basis of a separate payment service contract. eazi only mediates this payment service contract, but is not itself involved in the payment processing process and is not a party to the payment service contract. You agree that the data for payment processing, including but limited to credit card number, card holder name, account number, and other payment details, can be forwarded to the payment service provider.

You are aware that you generally incur costs (”price“) for using the services offered by the independent service providers.

The respective prices of the service are determined by the respective independent service provider. eazi will bill you for the mediated services on behalf of the independent service provider. eazi offsets your payment with the independent service provider by acting as the independent service provider’s restricted agent.

The payments you make in this way are treated as if you had made them directly to the independent service providers. All prices are payable immediately. eazi is entitled to debit the credit card you provided when registering for the use of the applications (including any taxes and late fees that may apply in connection with your account) in the name and for the account of the independent service provider. eazi will then send you a payment confirmation by email. You agree that eazi, as the authorized agent of the independent service provider, may use the second payment method stored in your account if the preferred payment method stored in your account has expired or is invalid or cannot be charged for other reasons. If the independent service provider allows this, you can cancel the services or goods requested from an independent service provider at any time before the arrival of the services or goods, whereupon you can be charged a cancellation fee by the independent service provider. After receiving the services or goods from the independent service provider, you have the opportunity to evaluate the service of the independent service provider and provide additional feedback about them.

  1. Disclaimers, Limitation of Liability, Exemptions.

ASSURANCES

The provision of mediation services is free of charge. In return, you are not entitled to constant uninterrupted availability or permanent functionality. Temporary interruptions or errors can arise in particular due to force majeure (e.g. power failure) or due to planned maintenance and modernization work. In addition, intermediary services may be subject to restrictions, delays, and other issues that are characteristic of the use of the Internet and electronic communications.

eazi has made every effort to ensure the best possible availability of mediation services and to remedy faults as quickly as possible. To clarify, it is pointed out that eazi does not assure AND does not guarantee that the access or use of the intermediary services (a) will be uninterrupted or error-free or (b) will lead to the acceptance of your request by the respective independent service provider.

DISCLAIMER.

As an intermediary, eazi is not responsible for the services performed by the independent service provider.

THEREFORE, EAZI IS NOT LIABLE FOR DAMAGE, INCLUDING FINES OR COMPENSATION REQUIREMENTS OF THIRD PARTIES OR LOSSES, WHICH ARE BASED ON YOU BY: CONTRACTS OR RELATIONSHIPS BETWEEN YOU AND AN INDEPENDENT SERVICE PROVIDER. EAZI MAKES NO REPRESENTATION AND MAKES NO WARRANTIES AND I OR WARRANTIES REGARDING THE QUALITY, SUITABILITY, SAFETY AND CAPABILITY, AND THE PUNCTUALITY AND RELIABILITY OF INDEPENDENT SERVICE PROVIDERS.

LIMITATION OF LIABILITY.

eazi and the companies affiliated with eazi are liable for damage resulting from the use or nature of the mediation services, insofar as eazi, the companies affiliated with eazi, their representatives or vicarious agents have caused this damage intentionally or through gross negligence. In the event of simple negligence on the part of eazi, the companies affiliated with eazi, their representatives or vicarious agents, eazi and the companies affiliated with eazi are only liable in the event of a breach of an essential contractual obligation and only for foreseeable damage typical for the contract when the contract was concluded.

Significant contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on the observance of which the user can regularly rely.

The limitations of liability do not apply within the framework of warranties taken over, for injuries to life, limb and health as well as for claims from the product liability law.

FOR CLARIFICATION: EAZI IS NOT LIABLE FOR DELAY IN PERFORMANCE OR LOST PERFORMANCE FOR REASONS WHICH ARE NOT ACCOUNTABLE FROM EAZI. POSSIBLE WITHDRAWAL RIGHTS REMAIN UNAFFECTED.

Any liability restrictions provided in this contract do not apply to culpable injury to life, limb or health, for liability according to the Product Liability Act and within the scope of guarantees given.

EXEMPTION.

You agree to indemnify eazi and its executives, board members, employees and contractors against all requirements, claims, losses, liability claims and costs (including attorney’s fees) that result from or in connection with: (i) a culpable violation of the conditions or culpable impact of the same; or (ii) the culpable violation of the rights of third parties, including third parties and independent service providers on your part.

  1. Applicable law.

Unless otherwise specified in this contract, this contract is subject to the laws of the Federal Republic of Germany to the exclusion of conflict of laws and is interpreted in accordance with these laws.

The Vienna Convention on the International Sale of Goods of 1980 (English abbreviation: CISG) does not apply.

  1. Other provisions

MESSAGES.

eazi can send messages as follows: generally through the applications, personally to the email address associated with your account or by post to the address given in your account. You can send communications to eazi in writing to eazi’s address at Reinhardtstrafte 27B, 10117, Berlin, Germany.

GENERAL.

You may not assign or transfer claims under this contract in whole or in part without the prior written consent of eazi. You give your consent that eazi is entitled to transfer or forward all or part of the rights under this contract, in particular to: (i) eazi’s subsidiaries or affiliates; (ii) an acquirer of eazi’s shares, business areas or assets; or (iii) eazi’s legal successor in the course of a merger. There is no joint venture or partnership, employment or agency relationship between you, eazi and the independent service providers due to this contract or the use of mediation services. If a provision of these conditions is wholly or partially illegal in a legal system, the parties will replace the unlawful, invalid or unenforceable provision or the affected part thereof with a lawful, valid and enforceable provision that comes as close as possible to the content and purpose of the unlawful, invalid or unenforceable condition or part thereof.

These conditions form the entire contract concluded between the parties for the contractual object and replace all contracts or agreements previously or simultaneously concluded for the contractual object.

In these provisions, the terms “including” and “below” and “include” mean “in particular” and “including also”.

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