Terms and Conditions – Use of the Booking a Session Website
Article 1 – Scope
(1) Sharing the Presence GmbH, of Wardenburger Straße 24, D-26203 Wardenburg (“Sharing the Presence” or also “We”), operates the website https://thomashuebl.com (“Website”). The services provided to users on the Website under the section headed “Contact/Book a session” shall be subject to the following General Terms and Conditions (Terms).
(2) A user shall be deemed to be any person accessing or entering the Website or causing the Website to be accessed. Users shall be deemed to be consumers if the purpose of use may not be mainly attributed to their business or freelance activity. They shall be deemed to be businesses if they are physical persons or legal entities or partnerships with legal capacity acting in the pursuit of their business or professional activities when concluding the contract.
(3) We shall not accept any of the user’s terms and conditions that are different from these Terms. This shall apply even if we do not explicitly object to the application of any such terms and conditions.
Article 2 – Subject Matter of the Contract
(1) On our Website, under the section headed “Contact/Book a session” we provide an online platform for the intermediation of appointments between users and external consultants. Appointments shall be provided by the consultants autonomously and at their own discretion. The service offered by Sharing the Presence shall be solely limited to the provision of the technical platform for the intermediation of appointments free of charge and to the transmission of the data provided by the user to the external consultants selected by the user. Sharing the Presence shall not act towards the user as a broker nor as any other kind of agent. In particular, Sharing the Presence shall not be liable to the user for the transmission or a successful brokerage.
(2) The content and scope of any services that may be agreed between the user and the consultant shall be determined by the respective agreement entered into by and between the user and the consultant; any such agreement shall be subject to separate terms and conditions. Sharing the Presence shall not be liable for or assume the performance of any services related to an agreement entered into by and between the user and the consultant.
(3) The sole person to talk to in connection with the agreement between the user and the consultant, e.g. as to the arrangement of appointments, payment arrangements, contract execution or warranty claims, shall be the consultant concerned in each case.
(4) Sharing the Presence shall not engage in the placement of the staff for the performance of work, but exclusively establish the contact with those independent, not dependently employed consultants listed on the Website. The consultants offering their services shall not be bound by any instructions issued by Sharing the Presence while executing their agreements with users, but rather execute them under their own organisation and responsibility.
Article 3 – Offer of Services, Availability
(1) Sharing the Presence shall not warrant any availability of the Website.
(2) There shall be no entitlement to the provision or maintenance of any specific functions or services on the Website. Sharing the Presence shall have the right to modify or deactivate as well as to provide subject to specific conditions any existing functions and services from time to time.
Article 4 – Minimum Age
Users must have a minimum age of 18 years in order to use the services provided by us on the Website.
Article 5 – Withdrawal
(1) Users who are consumers shall have a right of withdrawal as provided for by statutory provisions, about which Sharing the Presence provides the following instruction.
Instruction on Your Right of Withdrawal
Right of Withdrawal
You shall have a right to withdraw from this contract within fourteen days without giving reasons.
The period allowed for withdrawal shall be fourteen days as from the day of conclusion of contract.
In order to exercise your right of withdrawal, you must inform us (Sharing the Presence GmbH, of Wardenburger Str. 24, D-26203 Wardenburg, phone: +49 (0)4407 716094, fax: +49 (0)4407 716095, E-Mail: firstname.lastname@example.org) by way of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. In order to do so, you may use the withdrawal form specimen attached hereto, which, however, is not compulsory.
In order to respect the period allowed for withdrawal, it shall suffice to send the notice of your exercise of the right of withdrawal before the period allowed for withdrawal expires.
Consequences of a Withdrawal
If you withdraw from this contract we shall refund you any and all payments we received from you, including shipping costs (except for any additional costs resulting from the fact that you may have opted for any type of delivery other than the least expensive standard delivery offered by us), without delay and no later than within fourteen days as from the day we received the notice of your withdrawal from this contract. Unless expressly otherwise agreed with you, for this refund we shall use the same payment method used by you for the original transaction; we shall in no case charge you any fees for such refund. In case you requested the performance of services to start during the period allowed for withdrawal, you will have to pay a reasonable amount equivalent to the share due for the services already performed until the time you notify us of the exercise of your right of withdrawal with respect to this contract in proportion to the total value of the services to be performed under the contract.
– End of Instruction –
(2) There shall be no right of withdrawal for the following types of contracts:
- Contracts for the delivery of goods if the said goods after delivery were inextricably mixed with other goods due to their consistence;
- Contracts for the delivery of sound or video recordings or computer software in a sealed pack if the seal was removed after delivery; and
- Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts.
(3) As to the withdrawal form specimen, Sharing the Presence provides the following information as required by law:
Withdrawal Form Specimen
(If you wish to withdraw from the contract please fill in and return this form.)
– To: Sharing the Presence GmbH, Wardenburger Str. 24, D-26203 Wardenburg, fax: +49 (0)4407 716095, e-mail: email@example.com:
– I/We (*) herewith withdraw from the contract entered into by me/us (*) for the purchase of the following goods (*)/the performance of the following services (*)
– Ordered on (*)/Received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notices in paper form)
(*) Delete as applicable.
Article 6 – Technical Requirements
For the use of online services some technical minimum requirements (adequate internet connection, updated browser version, loudspeaker, a microphone in case of audio transmissions by the customer and if necessary the download of recommended software) must be met. It is recommended you test the technical functionality before you use any online services.
Article 7 – Sharing the Presence’s Liability
(1) Any claims of the user for damages shall be excluded. This clause shall not apply to any claims of the user for damages arising from injuries to life, limb and health or from material breach of contract as well as liability for any other damages caused by wilful or grossly negligent breach of duty on the part of Sharing the Presence, its legal representatives or agents. Material contractual duties are deemed to be those duties the performance of which is essential for the proper execution of the contract and the respect of which the contracting party may regularly rely on.
The limitations shall also apply in favour of Sharing the Presence’s legal representatives and agents whenever claims are made directly against these latter.
(2) The limitations of liability set forth in section (1) above shall not apply if and to the extent to which Sharing the Presence has fraudulently concealed a defect or has issued a warranty for the quality of the goods. The same shall apply if Sharing the Presence and the customer have made an agreement concerning the quality of the goods. This clause shall be without prejudice to the provisions under product liability legislation.
Article 8 – Copyright and Other Intellectual Property Rights, Responsibility for Third-Party Contents
(1) The contents available on the Website are protected by copyright or other intellectual property rights. Any related rights shall be reserved. The user shall be bound to comply with existing copyrights and ancillary protection rights and undertakes to refrain from any infringement thereof.
(2) The user may access, use and in case of authorised download store the contents of the online services offered by Sharing the Presence solely for user’s private use. The applicable standard in this respect shall be the definition as provided by Section 53 of the German Copyright Act [UrhG].
(3) The user shall not be authorised to modify, reproduce for, disclose to, transmit to third parties, sell or use in any other commercial form any items made available for streaming. Copyright information or brand names must not be altered nor removed.
(4) The contents available on the Website have been created partly by Sharing the Presence and partly by third parties such as the consultants. Concerning the third-party contents, Sharing the Presence will conduct no checks for completeness, correctness and lawfulness and shall therefore not assume any liability or warranty for the completeness, correctness and lawfulness of any such contents. This also and specifically applies with respect to the quality of any such third-party contents and their suitability for a particular purpose. The same shall apply accordingly for any linked third-party websites.
Article 9 – Data Privacy
Sharing the Presence will store the data entered by the user in the input mask on the Website under the section headed “Contact/Book a session” and transmit this data to the consultant selected by the user. After transmission Sharing the Presence will delete this data.
(2) The user consents to this data handling.
(3) The user may withdraw this consent at any time.
The withdrawal may be addressed to Sharing the Presence GmbH, Wardenburger Str. 24, D-26203 Wardenburg, fax: +49 (0)4407 716095, e-mail: firstname.lastname@example.org or to the consultant selected by the user. The consultants’ contact data are listed on the Website under the section headed “Contact/Book a session” and/or accessible there via link to the consultants’ websites.
Article 10 – Final Provisions
(1) The contract by and between Sharing the Presence and the user shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, without prejudice to any mandatory regulations under private international law.
(2) In case the user is a trader in terms of Section 1 subsection 1 of the German Commercial Code [HGB], a corporate body under public law or a special fund under public law, the sole place of jurisdiction for any and all disputes arising from contracts by and between the user and Sharing the Presence shall be Berlin.
Last revision: April 16, 2018