Conditions

General Terms and Conditions

 

Terms and Conditions for the Use of famPLUS.de and the Information, Consultation, and Mediation of Personal and Household Services According to DIN SPEC 77003

valid from May 26, 2020

 

  1. Preliminary Remarks, Applicability of these Terms and Conditions
    1. famPLUS.de is an offering of famPLUS GmbH (hereinafter referred to as "famPLUS"). As a reputable online family service, famPLUS provides a platform (internet and telephone consultation) as well as a comprehensive provider questionnaire (hereinafter referred to as "famPLUS provider questionnaire"), which helps seekers of family-supportive services, particularly parents employed by participating companies and relatives of people in need of care, to find providers of such services. For this purpose, famPLUS primarily uses the website www.famplus.de. This site is operated by famPLUS GmbH, Lindwurmstraße 41/43, 80337 Munich. Further detailed information about famPLUS can be found in the website's imprint under www.famplus.de/impressum .
    2. The details of use are governed by the following General Terms and Conditions (hereinafter "GTC"). These GTC apply exclusively to all users of famPLUS.de and telephone consultations, even if use or access occurs outside the Federal Republic of Germany.
    3. famPLUS continues to offer trainings, seminars, and webinars.
    4. famPLUS does not recognize any deviating conditions of the user unless famPLUS has expressly agreed to their validity in writing. The terms and conditions apply to all types of use of the website and the telephone services of famPLUS, such as article downloads, membership, forum, etc., unless specific regulations are made for a particular type of service or a regulation obviously does not concern a particular type of service.
    5. The General Terms and Conditions have immediate binding effect only between the user and famPLUS. Immediate legal effects, claims, or similar between the user in the sense of a contract for the benefit of third parties or with protective effects for third parties do not arise from the General Terms and Conditions, unless explicitly stated otherwise in these General Terms and Conditions.
    6. All participating companies that want to offer the service of famPLUS.de to their employees need an individual agreement with famPLUS for this.
  2. Right of withdrawal for consumers, cancellation policy

If the famPLUS.de user concludes a contract with famPLUS for a purpose that cannot be attributed to their commercial or independent professional activity, the following provisions apply to them as a consumer within the meaning of the law (§ 13 of the German Civil Code, BGB):

    1. Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract via a clear declaration (e.g., a letter sent by mail, fax, or email). You can use the attached Sample Cancellation Form use.

 

Please address your cancellation to:

 

famPLUS GmbH, Lindwurmstr. 41/43, 80337 Munich,

Fax: +49 89 80 99 027 - 29 or

Email: info@famPLUS.de.

 

    1. You can use the attached model withdrawal form for this purpose, although it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you, including the delivery costs (except for the additional costs arising from your choice of a delivery other than the least expensive standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this reimbursement.

 

    1. If you have requested that the services should begin during the cancellation period, you must pay us an appropriate amount that corresponds to the portion of services already provided up to the point at which you inform us of the exercise of the cancellation right regarding this contract, in comparison to the total scope of services provided for in the contract. Special notices, exclusion of the right of withdrawal

The right of withdrawal for services expires in accordance with § 356 paragraph 4 BGB before the expiration of the two-week withdrawal period according to section 2.2, if famPLUS has fully rendered these services and you acknowledged and expressly agreed before placing the order that famPLUS could begin rendering the service and that you would lose your right of withdrawal upon full performance of the contract.

 

End of the cancellation policy.

 

  1. Definitions

The following terms are repeatedly used in the general terms and conditions and are defined as follows:

  • famPLUS.de": the internet platform operated by famPLUS, independent of the domain being accessed
  • User": any person who accesses or causes famPLUS.de or parts thereof (e.g., individual files or functions) to be accessed, regardless of prior registration.
  • Members": providers, seekers, and licensees registered at famPLUS.de
  • Providers": service providers registered at famPLUS.de supporting families
  • Employee of a participating company": proof of this is through the company email address or personal registration at famPLUS.de
  • Login": Employee of a participating company who has logged in to famPLUS.de via "Login" using their corporate email address or personal ID as an employee of a participating company; includes the ability to view all provider profiles, but not the contact option, telephone consultation usage, or personal case management.
  • participating company": a company that provides famPLUS.de to its employees
  • Company": all legal entities of a corporate group
  • Provision fee": Fee per company for the flat-rate provision of famPLUS.de for all employees. The amount of the fee is determined by individual agreement between famPLUS and the respective company.
  • Demand: identical to 'Login'
  • License/Flat Rate per Case": License/Flat Rate per Case per employee of a participating company who has additionally activated themselves for the active use of the database and telephone information, advice, and mediation according to DIN SPEC 77003, thereby activating a flat rate per case. The license/flat rate per case includes the active use of the database and telephone information, advice, and mediation and allows access to the contact details of the providers. The license/flat rate per case also includes personal case management, i.e., the ability to place personal search orders tailored to individual needs.
  • Licensee": Employee of a participating company who has activated a license/flat rate 
  • License fee/flat rate": Fee per licensee; the amount is determined by individual agreement between famPLUS and the respective company.
  1. General Terms of Use for famPLUS.de
    1. When using famPLUS.de, the user must observe and comply with the applicable law and the provisions of these Terms and Conditions. This particularly applies to the content posted by members on famPLUS.de, such as reviews.
    2. famPLUS specifically points out the legal provisions for combating illegal employment. Posting offers from providers intended to be carried out in violation of such provisions or other legal regulations is prohibited.
  2. Subject of the Contract
    1. famPLUS offers the following services:

for providers: creation of a detailed provider profile (famPLUS provider questionnaire), inclusion of the provider profile in the famPLUS.de database, management of their data and possibility of responding to inquiries; all services from famPLUS are free for providers

for participating companies: flat-rate provision of famPLUS.de for all employees, i.e., the possibility to log in to famPLUS.de using the company email address via "Login" or through personal registration as an employee of a participating company, gaining access to the famPLUS.de database; however, this does not include the possibility to directly contact providers, use the telephone information, advice, and mediation according to DIN SPEC 77003 for personal inquiries, or take advantage of personal case management. The fees incurred for the provision per company depend on the company size category and are subject to individual agreements between famPLUS and the respective company.

for employees of participating companies:

  • Use of famPLUS.de, "Login," i.e., access to the famPLUS.de database without the ability to directly contact the providers, using telephone information, consulting, and mediation according to DIN SPEC 77003 for personal search requests / utilizing personal case management; fees for the "Login" are included in the provision fee per company;
  • License/case fee upon active activation, i.e., access to the database of famPLUS.de including the possibility of directly contacting the providers; for this, an additional license fee/case fee is incurred per license/case fee in addition to the provisioning fee per company, the amount of which is determined by individual agreement between famPLUS and the respective company;
  • personal case management, i.e., the ability to place personalized search requests tailored to individual needs; this service is included in the license/case flat rate.
    1. The provision of intermediary services in the sense of a brokerage contract is explicitly not part of the contract. famPLUS merely operates the technical platform (website and telephone consultation) for establishing contact between providers and employees of participating companies. Thus, famPLUS acts as a technical service provider, but not as a broker or any other intermediary. If a contract between a provider and an employee of a participating company is concluded through the use of famPLUS.de, only the members involved (providers and employees of the participating company) become contractual partners, not famPLUS.
  1. Registration, login data, qualification certificates
    1. The use of famPLUS.de via "Login" to search for information, forum posts, and to check whether there are enough providers available in terms of time and location can only take place after being enabled by a participating company.
    2. The "login" is done via the company email address or personal activation through famPLUS.
    3. The use of famPLUS.de as a licensee for actively contacting providers requires the additional activation of a license/case fee.
    4. Personal case management is available to all licensees.
    5. A registration on famPLUS.de is only permitted for legal entities and fully competent, adult natural persons. The registration of legal entities may only be carried out by a natural person authorized to do so, who must be named individually.
    6. The chosen member name must not violate any applicable laws, public morals, or the rights of third parties, particularly trademark or name rights. Furthermore, it must not contain an email or internet address or any other contact information, such as phone numbers. Member names and passwords must be kept confidential.
    7. If it is offered during registration to upload an image of the member for display on their profile page or other parts of the website, this image must represent the member or, in the case of legal entities, employees, logos, or other images referring to this legal entity. The use of third-party images or fantasy avatars is not permitted.
    8. A registration for multiple membership accounts is not allowed. Multiple membership accounts will be deleted.
    9. The member assures famPLUS that the data provided during registration is truthful. In case of subsequent changes, this data must always be kept up to date.
    10. The member account is non-transferable. The member may not allow third parties to use their membership account. This includes sharing data with third parties. Violations will be reported to the participating company.
    11. Proof of qualifications of the providers must be demonstrated through appropriate documents (e.g., care permit).
  2. Scope of Services
    1. famPLUS provides vendors with the famPLUS vendor questionnaire, which was developed together with experts based on comprehensive market research.
    2. famPLUS offers providers the inclusion of the created provider profile in the famPLUS.de database, the management of their data, and the ability to respond to contact inquiries.
    3. All employees of participating companies can view the famPLUS.de database via "Login" after provision. This does not include the ability to contact providers directly, use telephone consultations for personal inquiries, or avail personal case management.
    4. All employees of the participating companies can also be activated as "licensees," meaning they can directly contact providers through the platform for the agreed period. They can also use telephone information, advice, and mediation according to DIN SPEC 77003 for personal queries tailored to their individual needs ("personal case management").
    5. For each personal search request ("personal case management"), famPLUS.de provides three candidates who match locally and temporally.
    6. famPLUS currently uses commonly used technologies for its service. To be able to use the famPLUS.de service to its full extent, the user must also use these technologies (e.g. the latest browser software) and enable their use on their computer (e.g. activation of JavaScript, cookies, pop-ups). If older or not commonly used technologies are used, it may be that the user can only use the services of famPLUS.de to a limited extent.
    7. famPLUS cannot guarantee that a successful match between the provider and the requester will occur within the contract duration. The task of famPLUS is merely to provide the technical means to facilitate contact and, in the case of a personal search ("personal case management"), to deliver three locally and temporally suitable candidate proposals.
    8. famPLUS is entitled to commission third parties with the provision of the entire range of services or parts thereof, provided that this does not disadvantage the member.
  3. Availability, modification of services and website
    1. famPLUS guarantees an average accessibility of the website www.famplus.de of 98% over a month.
    2. famPLUS reserves the right to functionally expand the website and the services available on it at any time and to further develop them in accordance with the respective state of the art, as long as this is reasonable for the members.
  4. Responsibilities and Duties of the Member
    1. The member undertakes not to use third-party data visible on famPLUS.de for commercial purposes beyond the intent and purpose of the platform, including advertising purposes.
    2. The member agrees to treat emails and other messages sent to them by other members confidentially and to make them accessible to third parties only with the prior express consent of the sender. This also applies to names, telephone and fax numbers, address data, email addresses, and internet URLs of other users.
    3. It is the member's responsibility to regularly back up or print out their own data submitted on famPLUS.de, as well as the messages received and sent, in accordance with the state of the art, so that access to this data is possible even without the availability of famplus.de.
    4. famPLUS is entitled to delete the messages stored in a member's account twelve (12) months after dispatch without prior consultation.
    5. Membership must not be used for purposes that are unlawful or violate these terms of use.
    6. Membership may not be used for commercial advertising purposes, whether openly or disguised.
    7. The member is furthermore obligated to refrain from actions that could damage, disable, overload, or impair the website or the services available there. This particularly applies to the sending of viruses, Trojans, and similar harmful content, as well as junk mail, mass advertising, or any other unsolicited commercial messages using the website.
  5. Settings and Use of Content
    1. The member may only include such content (texts, images, audio recordings, videos, other multimedia content) and statements in their member profile or otherwise post on the website for which they have the necessary rights, in particular, copyright and related rights. Statements or other content on the website should serve the formation of opinions, but must not be illegal or have harassing, defamatory, or threatening content. The member undertakes not to post illegal, pornographic, obscene, derogatory, racist, or immoral content on the website.
    2. With regard to posting photos or videos on the website, the member must have obtained any necessary permission from the third parties depicted in the photos/videos for their use, publication, and distribution.
    3. If a member posts content or materials on the website, they grant further members of the website, famPLUS, and—as far as the content is accessible to the public—the general public permission to use these contents within the framework of the website and the related services, as envisaged by the purpose of the website and these terms of use. This right of use also includes permission to create copies and reproductions. It is a simple right of use in the context of using the website, so the user is not paid any compensation for the use of this content.
    4. The member allows famPLUS to prepare and modify content for use on the website famPLUS.de. famPLUS reserves the right to delete or block content in whole or in part at any time if there is a potential legal violation or a breach of these terms and conditions.
    5. famPLUS reserves the right, but does not assume the obligation, to review the content uploaded by a member for compliance with laws and regulations and, if necessary, to modify or delete it in whole or in part.
  6. Rating system
    1. Licensees have the opportunity to rate providers via the famPLUS.de rating system after they have delivered their respective services. The goal of the rating system is to create meaningful and accurate profiles regarding the performance, reliability, and trustworthiness of the providers.
    2. In order to achieve the objective mentioned in 11.1, each licensee is obliged to make only factual and truthful statements. Any statements that contradict the objective of the evaluation system, particularly inaccurate, unfactual, or offensive remarks, are to be avoided.
    3. The evaluation may only be based on circumstances related to a conducted or intended business transaction. The member is not permitted to evaluate themselves, even through third parties.
  7. Usage and Copyright
    1. The design and structure of famPLUS.de and its websites, including texts, software, photos, graphics, music, names, etc., are the property of famPLUS or its licensors and are protected by copyright and all applicable laws. famPLUS is not aware of any opposing license or ownership rights.
    2. Registered trademarks, names, business designations, and logos are used on famplus.de. Even if these are not marked as such at the respective points, the relevant legal provisions apply.
  8. Deregistration/Cancellation/Extension
    1. A member can terminate their membership contract at any time with immediate effect in writing (via email, fax, or letter, addressed to famPLUS GmbH, Lindwurmstr. 41/43, 80337 Munich, Fax +49 89 80 99 027 - 29 or email: info@famPLUS.de). Upon termination, famPLUS deletes the member's profile data. The previously established contractual relationship is thereby ended.
    2. Upon termination of the contractual relationship, all member data will be deleted by famPLUS, unless legal or contractual retention periods prevent this.
    3. Membership as a licensee does not automatically renew after the paid period expires (no subscription model).
    4. If a company's provisioning period ends before the expiration of individual licensees of the respective company, the remaining terms of the affected licensees remain unaffected. However, it is not possible to extend the licensee term beyond that.
    5. If a member's usage agreement is terminated by famPLUS for an important reason attributable to the member, the unused credits will be retained by famPLUS on a pro-rata basis for the previous period of use. The assertion of a higher claim for damages is not excluded.
  9. Liability
    1. famPLUS is not liable for content and activities originating from users of the website, insofar as famPLUS is not obliged to review the content under statutory provisions and is unaware of them. This particularly means that famPLUS cannot assume liability for the accuracy of the famPLUS provider questionnaire and the content of the provider profile created based on it, as long as the legal requirements for such liability are not met.
    2. As far as access to the website or the services offered is provided free of charge, the liability of famPLUS and its vicarious agents is limited to intent and gross negligence.
    3. famPLUS is liable to companies for damages, except in the case of breach of essential contractual obligations, only if and to the extent that famPLUS itself, its legal representatives, senior executives, or other vicarious agents can be blamed for intent or gross negligence. In the case of a breach of essential contractual obligations, famPLUS is liable for any culpable conduct of its legal representatives, senior executives, or other vicarious agents.
    4. famPLUS is only liable to consumers for intent and gross negligence. In the event of a breach of essential contractual obligations, debtor's delay, or an impossibility of performance attributable to famPLUS, famPLUS is liable for any culpable conduct of its employees and vicarious agents.
    5. Except in cases of intent or gross negligence by legal representatives, senior executives, or other vicarious agents, liability is limited to the typically foreseeable damages at the time the contract is concluded.
    6. The disclaimers and limitations of liability do not apply in the case of explicit warranties and for damages arising from injury to life, body, or health, as well as in the case of mandatory legal provisions.
    7. Insofar as famPLUS.de is held liable by third parties because the member has not complied with these terms and conditions or other applicable laws, particularly concerning responsibility for content, the user indemnifies famPLUS in this regard.
    8. Insofar as the liability of famPLUS is limited in these terms and conditions, users act at their own risk.
  10. Data Protection
    1. In order to provide the services of famPLUS.de, it is necessary for famPLUS to store and process the personal data entrusted to it in compliance with the data protection conditions. The protection and security of all user data are of particular concern to famPLUS. famPLUS is committed to handling this data confidentially in accordance with the relevant legal provisions, in particular the Federal Data Protection Act (BDSG), the Telemedia Act (TMG), and the General Data Protection Regulation (GDPR).
    2. famPLUS.de provides each member with a personalized page. Personalization requires the processing of personal data. The details of the processing of personal data are explained in the privacy policy [www.famplus.de/Datenschutz].
  11. Applicable Law/Place of Performance/Jurisdiction/Final Provisions
    1. Exclusively German law applies to the legal relationship between the user and famPLUS.
    2. If the member is a merchant in terms of the German Commercial Code, a legal entity under public law, or a special fund under public law, or if it has no general place of jurisdiction in the Federal Republic, the agreed place of jurisdiction for all disputes related to the use of famPLUS.de is the location of famPLUS in Munich.
    3. famPLUS is entitled to amend these Terms and Conditions. Changes to the Terms and Conditions will be communicated to the member via email. Instead of attaching the complete text, a reference to the URL address on the internet where the new version can be accessed is sufficient. If the member does not object within six (6) weeks from receipt of the notification, the change is considered accepted. famPLUS will specifically point out this deadline in the notification of change.
    4. Furthermore, famPLUS reserves the right to change the price and service list with effect for the future. In this case, famPLUS will inform the member of the changes in advance. The changes are considered accepted if the member does not object within six (6) weeks after the notification of change. In the event that the member objects to the changed conditions, the old conditions continue to apply to them. famPLUS reserves the right to terminate a free membership without notice and not to extend a paid membership beyond the agreed duration.
    5. If individual provisions of the Terms and Conditions are invalid, the validity of the remaining provisions shall not be affected.
  12. External Links

Despite careful content control, we do not assume any liability for the content of external links. The operators of the linked pages are solely responsible for their content.

 

As of May 26, 2020

200526_Muster_Widerrufsformular.docx