1. Scope of Application
1.2 The provider and operator of the platform is corporate benefits Germany GmbH, Schiffbauerdamm 40, 10117 Berlin (hereinafter "corporate benefits").
2. Registration, Conclusion of Contract, Storage of the Contract Text and Contract Language
2.1 The use of the platform requires registration by the user and the creation of a user account. The platform is made available to the user free of charge.
2.2 Registration requires the provision of a permanently used e-mail address. The provision of a disposable address, which is only temporarily valid, is expressly prohibited. Such addresses are given to new users after being "disposed of", whereby unauthorised persons might receive access to the participants' account.
2.5 The contract may be concluded in German or in English.
2.6 In order to use the platform, users must be at least 16 years old or provide consent from their parents or guardians.
3. Access and Use of the Platform
3.1 The offers on the platform are aimed exclusively at employees of companies that have concluded a corresponding agreement with corporate benefits. Persons who do not meet these requirements are not permitted to use the platform.
3.2 Furthermore, the offers are exclusively aimed at users who use the offers or the coupon or discount codes as consumers within the meaning of § 13 BGB (German Civil Code). The use of the offers or the coupon or discount codes for commercial purposes, in particular for the commercial resale of goods purchased at a discount, is prohibited. corporate benefits hereby draws attention to the fact that violations of these restrictions may lead to claims for damages, also on the part of the vendors.
3.3 In the event of a culpable breach of the provision in section 3.2, sentence 2, the user is obligated to pay corporate benefits a contractual penalty in the amount of EUR 500.00 per breach, but not more than EUR 5,000.00 in total. Further claims for damages by corporate benefits remain unaffected by this, although the contractual penalty will be offset against any claims for damages by corporate benefits.
3.4 Proof of authorisation to use the platform in accordance with section 3.1 is provided by entering an e-mail address under the respective corporate domain or by entering a code that has been provided to the company for confidential transmission exclusively to its employees. corporate benefits reserves the right to report the unauthorised use of such codes by non-authorised persons.
3.5 The user is obligated to notify corporate benefits immediately if he/she leaves the company as an employee of which he/she originally had received access to the platform. Upon leaving the company, the user's authorisation to use the platform shall also expire.
3.6 Users may not pass on their access data to other persons. They must keep their access data secret. If a user becomes aware that third parties have received knowledge of their access data, they are obligated to change their access data immediately. The user is also obligated to inform corporate benefits without delay if there are indications that his user account has been misused by third parties.
4. Confidentiality of Offers and Contractual Penalty
4.1 The offers and conditions on the platform are based on wholesale and corporate conditions which the respective vendors wish to grant only to the authorised users of the platform. The offers and conditions may therefore only be made available to the authorised circle of users of the platform.
4.2 The offers and conditions as well as the coupon or discount codes are strictly confidential and may not be communicated to third parties. They constitute a trade secret of corporate benefits. In particular, it is also prohibited to take screenshots of offers and conditions and to distribute them on the Internet.
4.3 The user is expressly prohibited from passing on coupon or discount codes obtained via the platform to third parties. In particular, the publication of such coupon or discount codes on the Internet or the sale of such coupon or discount codes via Internet platforms is prohibited.
4.4 In the event of a culpable breach of the provision in section 4.3, the user is obligated to pay corporate benefits a contractual penalty in the amount of EUR 100.00 per breach, but not more than EUR 400.00 in total. Further claims for damages by corporate benefits shall remain unaffected by this, although the contractual penalty shall be offset against any claims for damages by corporate benefits.
4.5 corporate benefits reserves the right to exclude the user from further use of the platform in the event of violations of the provisions of this section 4.
4.6 corporate benefits draws attention to the fact that violations of the regulations in this section 4 will be legally prosecuted and that violations of the Act on the Protection of Business Secrets may be punishable (see § 23 GeschGehG).
5. Role of Corporate Benefits
5.1 On the platform, various vendors present goods and services, coupon codes, discount codes, discounts or similar for employees of companies or members of associations or societies, which the user can then purchase or redeem outside the platform on the vendors' own websites. corporate benefits merely provides the platform as a framework for the presentation of the offers by the vendors. corporate benefits is not itself the vendor of the offers presented.
5.2 Where applicable, contracts for the purchase of goods or other services are concluded outside the platform between the user and the vendors.
5.3 The respective vendors are solely responsible for the content of the offers on the platform. corporate benefits does not check the offers. Therefore, corporate benefits cannot assume any liability for the correctness of the information provided by the vendors or their performance.
6. Termination of the User Agreement, Discontinuation, Restriction or Modification of the Offer and Deletion of the User Account
6.1 The user may terminate the user contract at any time without stating reasons by deleting his or her user account via the menu item "Zugang löschen” (delete access) in his or her user profile or terminate the user contract by notifying corporate benefits in text form (e-mail, fax or letter) without observing a period of notice.
6.2 corporate benefits is entitled to discontinue, restrict or change the free provision of the platform at any time. Furthermore, corporate benefits is entitled to terminate the user agreement at any time by notifying the user in text form with a notice period of two days and to block the user's access to the platform when the termination becomes effective.
6.4 Upon termination or cancellation, the user's account and access to the platform will be deleted.
7. Participation in Dispute Resolution Proceedings and Information on Online Dispute Resolution
As an online company, corporate benefits is obligated to inform consumers about the online dispute resolution platform (ODR platform) of the European Commission. This ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr However, corporate benefits does not participate in dispute resolution proceedings before a consumer arbitration board.
8. Final Provisions
8.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer has its place of residence or registered office abroad. This choice of law shall only apply to consumers to the extent that they are not deprived of the protection granted to consumers by the mandatory provisions, i.e. provisions that cannot be excluded by agreement, of the country in which the consumer has his habitual residence.
last updated: 07.2021