Terms and Conditions of Use of the barcoo Website and Mobile Phone Services
The following document constitutes an English translation of the original Terms of Use. It is offered solely as a guideline for English-speaking customers. In case of any uncertainty arising in the translation the original German version shall be consulted for clarification.
General / Scope
barcoo, a service of Checkitmobile GmbH, is an information and service provider for consumers (users). Insofar as agreements are concluded with users for barcoo services, contracting partner shall be Checkitmobile GmbH, Waldemarstr. 37a, 10999 Berlin, District Court (Amtsgericht) Charlottenburg, Commercial Registry B (HRB), 114 458 B Managing Directors (Geschäftsführer): Tarik Tokic, Benjamin Thym, Ibid. email: support@barcoo.de
These terms shall form the basis of the legal relationships between barcoo and users of the services, made available via the barcoo website or upon download via the mobile services of barcoo (SMS service, voice service, mobile browser, mobile applications or readers) also for mobile end devices (mobile phones, smart phones, PDAs etc.) ("barcoo Services").
These Terms shall also apply in the case of conflicting terms and conditions of users. Such terms and conditions of users will not be accepted even if barcoo provides services in the knowledge thereof, unless this has been otherwise agreed in writing.
Information and Assistance Service / Contractual Relationships
Users may use the barcoo Services via the online portal, www.barcoo.com, after downloading the barcoo software ("barcoo Application") onto mobile end devices as well as the barcoo SMS Service. The barcoo Services are free of charge for users; SMS costs shall be incurred as per the local mobile phone provider.
Users can utilise the barcoo Services to search for products and research, prices, product characteristics, product reviews as well as on-line and local information and offers pertaining to the conclusion of purchase agreements and/or service agreements with third party suppliers ("Consumer Information"). Users can be redirected, via barcoo links and with the barcoo order service, to third party suppliers from whom they can buy products or order services. The barcoo appliation enables users to access Consumer Information by scanning barcodes or manually searching for products. The barcoo application supports linking to third party suppliers who in turn provide further information and purchasing possibilities. Users can use the barcoo SMS Service to send up to ten messages per day containing an EAN product code or a product description to a mobile telephone number. After a successful database search in the barcoo database, the user will receive a reply message containing Consumer Information and purchasing options.
The Consumer Information published by barcoo do not constitute offers to conclude purchase or service contracts. The barcoo Services will include links to third party suppliers from which the products found may be purchased. The referral to third party suppliers does not lead to the creation of a contractual relationship between users and barcoo. Users are obligated to fully observe the respective purchase process of the linked third party supplier; barcoo has no duty to provide information or clarification in this respect. Enquiries and complaints regarding the purchase or the purchased product/service from third parties should be addressed only to them.
To use the barcoo-order service, the user submits all declarations required for the conclusion and execution of a purchase or service contract and instructs barcoo to deliver these declarations, as messenger, to the respective third party supplier. In entering the required declarations of intention and confirming the order by clicking the order button, the user thus submits an offer to barcoo to conclude an order. The object of the request to barcoo is the communication of the respective user offer to enter into a purchase or service contract to the third party supplier. The request can be accepted by barcoo through a statement to the user that their order has been forwarded to the third party supplier.
The wording of the contract will not be saved. The contract conclusion process is available in German language. barcoo has no influence over the acceptance of the order by the third party supplier. barcoo's obligation to provide information is limited to informing the users as to whether the messenger declaration has been forwarded to the third party supplier (Sec. 666 German Civil Code, BGB). There is no obligation to return that which barcoo receives for the referral of the user to the third party supplier - Sec. 667 BGB is waived. If barcoo does not complete the request, barcoo shall notify the user accordingly. The notification also constitutes a termination of the contractual arrangement (Sec. 671 BGB).
If the user confirms their order request by clicking the order button, the right of revocation vis-à-vis barcoo from the instruction agreement expires once barcoo has forwarded the messenger declaration to the third party supplier (Sec. 312d III BGB). Any revocation should be addressed to the company mentioned in Clause 1.1. Revocation rights vis-à-vis third-party suppliers remain unaffected.
Limited Liability / Availability
barcoo also provides users, through its services, access to information supplied by third parties. The third parties themselves are responsible for this information. barcoo assumes no responsibility or liability for the content of any third party, particularly not for the accuracy of price and product information, product availability and the completeness of the information.
barcoo shall be liable in respect of contractual and non-contractual claims relating to damage caused by users, only in cases of intent and gross negligence.In the event of a breach of essential contractual obligations, default or any impossibility of performance caused by barcoo, barcoo shall be liable also for each culpable breach of its employees and vicarious agents. Except in the case of intent or gross negligence of legal representatives, employees or other vicarious agents of barcoo, liability shall be limited to typically foreseeable damage. Where the liability of barcoo is excluded or limited. This also applies to the liability of legal representatives, employees or vicarious agents of barcoo.
The above limitations of liability do not apply to damages resulting from injury to life, body or health, as well as in the case of mandatory legal provisions and essential contractual obligations.
The development of the barcoo Services is a dynamic process. barcoo may alter its services without previously informing users thereof. barcoo reserves the right to alter or amend these Terms in the future. Users are not entitled to any temporal and / or geographical availability of barcoo services; there is no right to download the barcoo Application. barcoo Services may be restricted, suspended or discontinued without notice to users.
User Obligations and Liabilities - Granting of Rights
Users are obligated to use the barcoo Services in accordance with the law. barcoo services may not, in particular, be misused to spread content of a criminal nature or to infringe any other third parties rights (e.g. through intellectual property rights or competition law violations).Activities of this kind can lead to civil or criminal prosecution.
barcoo reserves the right to remove user-posted content without notice and in particular if and as far as concrete evidence exists that a publication has violated legal provisions, common decency and/or third party rights.
Users are themselves responsible for all content (including images, text and links) which they distribute or make available to users. It is therefore in the respective area of responsibility of a user to ensure that all content is legal and does not infringe any rights of third parties.
Users must ensure, prior to uploading image files, that they are in possession of the respective usage right for the picture/the file and that the publication complies with statutory provisions, third party rights and the principles of common decency.
Users themselves are required to take appropriate precautions additionally to protect the information they make available to third parties via the barcoo Services. barcoo shall not be liable for any loss of user data.
barcoo is entitled to utilise the content posted by users of the barcoo Services and users grant barcoo the required rights to the content free of charge. The usage rights include, in particular, the right to make all content available to the public via the barcoo Services or other media and services worldwide, to reproduce, to distribute and also to transfer said content to third parties, possibly for charge.
barcoo Services may only be used for private purposes.Users are expressly prohibited from using the data for industrial, commercial or other business purposes. Users are not permitted to allow the Services of barcoo to be used by third parties for charge unless this has been expressly agreed in advance by barcoo in writing.
Users release barcoo from any claims of third parties which may be brought in respect of unlawful uses of the barcoo Services for which users are to blame. Users shall notify barcoo immediately of any claims by third parties on the basis of unlawful use.
Privacy
The collection, storage and processing of personal data is performed in accordance with this privacy policy:
The collection, processing and use of personal data by barcoo is subject to the provisions of the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG), the German Interstate Broadcasting Treaty (RStV) and other mandatory privacy regulations. By visiting the websites www.barcoo.com, www.barcoo.com, www.barcoo.mobi and all other country domains and their subdomains, personal data of the Internet user will be collected, processed and used in the form of inventory and usage date only to the extent that this is required to enable the user to take advantage of the Services. These are, in particular, characteristics for identification, beginning and duration of use as well as which services are used. After termination of the use, such personal data will be deleted provided it is not required for the completion of further transactions. barcoo shall, fundamentally, never pass such personal data to third parties.
Limited liability for unlawful third party content
As a telemedia provider, barcoo is not obligated to monitor third party information on the barcoo Services, nor to investigate circumstances which indicate unlawful activity.
If barcoo becomes aware of users committing unlawful acts through the barcoo Services or of the existence of unlawful data and false Consumer Information on the Services, such data will be immediately removed and where necessary access to it and/or the respective user shall be blocked.
barcoo will also refer users by way of links to third party content and third party applications. Where the conclusion of a contract is offered in connection with such third party content, such a contract is formed exclusively between the party identified as being responsible as supplier and the user. barcoo is not a contracting party.
As far as barcoo websites contain links to other sites, these other sites have been examined as to their lawfulness at the time of their linking. At the time of creating the link no unlawful content was present on the linked websites. However, it is not possible to influence the content of the linked sites of other companies. It is also impossible to provide a continuous check on the content of linked pages. If barcoo should become aware of illegal content on linked, third party websites, such links shall be removed immediately.
Should users ascertain or suspect that content is available on the barcoo Services which infringes these Terms or is unlawful, barcoo requests notification of such infringement.
Final Provisions
These Terms are subject to the laws of the Federal Republic of Germany. The choice of laws applies to users who are consumers but only insofar as the protection granted by mandatory provisions of the law of the state in which the user has his habitual residence, has not been withdrawn. Should one or more of the provisions set forth under this agreement be or become ineffective, the remaining provisions shall remain unaffected.
