Terms

(1) Validity

  1. hiogi is an interactive internet and mobile telephone service of the hiogi GmbH, hiogi GmbH
    Schlüterstr. 37
    10629 Berlin
    Germany. Information about the current authorized managers is stipulated in the imprint of the website of the hiogi GmbH under www.hiogi.com. These General Terms and Conditions regulate the contractual relationship between the hiogi GmbH and the user of the hiogi online platform by internet or mobile phone.
  2. On registration with hiogi and by the use of the hiogi platform by mobile phone, the user accepts the terms and conditions irrevocably. Any opposite or differing conditions on part of the user are excluded. The General Terms and Conditions apply to every contractual relationship concerning the hiogi platform.

(2) Right of Withdrawal

The user acting as consumer in the sense of the law has the right of withdrawal:

  1. The user has the right to withdraw from the contract in writing within one month (e. g. by letter, facsimile, email). The time limit starts with the reception of these written conditions. In order to ensure the right of withdrawal it suffices to send the withdrawal in time. It has to be sent to

    hiogi GmbH
    Schlüterstr. 37
    10629 Berlin
    Germany

    Fax +49 (0) 30 99296936 5

    info@hiogi.com
  2. The user’s right of withdrawal expires before the time limit in case the hiogi GmbH has already started with the execution of services or the user has given his explicit agreement to the execution of services (e.g. submittance of a question or answer).
  3. In case of an effective cancellation, the conceded services of both parties have to be returned. Should warranted services not be returned completely or only partially or in bad condition, the receiver of the services has to pay an indemnity, if necessary.

(3) Object

  1. The hiogi GmbH conducts an online platform accessible through internet and mobile telephone (SMS/MMS/MOBILE/iphone), on which users can enter questions for other users to answer.
  2. By submitting a question to the hiogi platform, the questioner agrees to the transmission of his mobile phone number and to the answer to his question. This answer by SMS is with costs. The hiogi GmbH informs separately about the actual tariff. See § 7.
  3. The questions and answers are generated exclusively by the users. The hiogi GmbH carries on these services on the technical and administrative side, but does not provide any content to answers and questions. The hiogi GmbH does not assume responsibility for the contents entered by the users. (Legality, correctness, completeness).

(4) Registration on the hiogi Platform

  1. A registration of the user is required when using the online services of the hiogi platform (e.g. entering answers). No costs will occur for the registration.
  2. The user is obliged to truthfully and completely enter all necessary data on registration. The use of the hiogi web sites, especially the contribution of an article can be done under pseudonym or username.
  3. By completing the online registration regarding the use of the services of the hiogi platform, the user makes an offer for the completion of the contract about the use of the services of the hiogi platform. The hiogi GmbH accepts this offer by activating the user’s name for the services of the online hiogi platform. Through this acceptance, the contract between the user and the hiogi GmbH is concluded.
  4. During the registration process the user receives his access data and chooses a password. He is obliged to keep it secret.
  5. Every user is only allowed to register once and establish one user profile. The user may not give his access data to any other person.

(5) Obligations of the User

  1. The user is obliged to immediately inform the hiogi GmbH about any changes of the data given on registration and to update his user profile.
  2. It is prohibited to the registered and unregistered person:
    • to employ the services of hiogi for commercial purposes;
    • to submit information about other persons (e. g. address, telephone number etc.);
    • to submit insulting, libellous and honour infringing contents (§§ 185-189 StGB);
    • to submit contents which are immoral, pornographic or violate the law for the protection of the youth;
    • to transmit contents or names/licence plate numbers protected by law (e.g. laws on copyright, trademark, patent, design protection, utility) without being entitled to do so;
    • to transmit contents glorifying and enhancing hatred, violence or racial discrimination;
    • to invite to contraventions;
    • to publish advertisements for the purchase and sale of products or the acquisition of services;
    • to divulge virus programmes or spy programmes or the respecting programme codes by means of the hiogi functionality;
    • to employ mechanisms, programme codes and scripts which can impair or are bound to impair the functionality of hiogi when using the question and answers function.
  3. The user exempts the hiogi GmbH of all claims of other users or third parties because of his infringement of their rights. The necessary costs for the legal defence of the hiogi GmbH, including all court and other legal fees are born by the user. The user is obliged to provide the hiogi GmbH with true and complete information necessary for the defence.

(6) Termination of the User Contract

  1. The user may terminate his registration on the hiogi platform without giving reasons at anytime. The notice of cancellation can be given via contact formular on the hiogi platform, by information in writing to hiogi GmbH, Schlüterstr. 37
    10629 Berlin
    Germany or by email to info@hiogi.com. In case of cancellation, the user has to mention his user name and his email address registered with hiogi. The exercise of the extraordinary cancellation of the user stays untouched.
  2. The hiogi GmbH may cancel the membership of the user without notice and at any time, should there be an important reason. An important cause for termination is especially when the continuation of the contractual relationship is not reasonable, weighing up all the circumstances of the singular case and under consideration of the interests of the hiogi GmbH. Important causes are especially:
    • Failure to comply with statutory provisions
    • Violation of contractual obligations by the user
  3. The hiogi GmbH has the right to cancel the user contract within a period of five running days.

(7) Submitting Questions to hiogi for Answers

  1. Registered users (§ 4) may submit questions to be answered by other hiogi members by email, SMS, MMS or directly via the hiogi platform. Users not register with hiogi (§ 4) may submit questions for answering by other hiogi users by SMS and MMS.
  2. Hiogi does not charge any fees for the transmission. Whether the user is charged with any transmission fees depends on the type of transmission and on his existing contracts with third parties (e. g. internet or mobile phone providers).
  3. The user submitting the question accepts the transmission of the answer generated by another member to his mobile phone number. The transmission of this SMS answer is with costs. The hiogi GmbH informs separately about the actual effective tariff.
  4. The hiogi GmbH transmits the answer of another user to the mobile phone number of the user having submitted the question. The first answer confirmed by another user will be sent. Should there not be a first answer due to the fact that two users answered at the same time, the best answer out of these multiple answers will be chosen by hiogi users and transmitted to the mobile phone number of the user having submitted the question. That means that there is only one communication of the answer by SMS.
  5. The hiogi GmbH transmits the answer. The user himself is responsible for the reception of the answer (e.g. to hold ready a mobile phone unit for receiving it, and, if necessary, clearing of the mobile phone for so-called added value digital services etc.) The hiogi GmbH also provides the user online with all the given answers. Should the user not be registered at this time ($ 4) he has to identify himself to hiogi GmbH.

(8) User’s Responsibility for Contents, Data and/or Information

  1. The hiogi GmbH does not take any responsibility for the contents provided by the users of the hiogi platform in context with the question/answer functions, data and/or information, as well as contents linked to external websites. Especially, the hiogi GmbH is not responsible for the fact that these contents are true, serve a certain purpose or have a certain aim.
  2. The hiogi GmbH reserves the right to delete user’s contributions which are infringing the General Terms and Conditions stipulated herein.
  3. The hiogi GmbH does only verify the data given on registration in a confined way, due to the fact that the identification of people in the internet is limited. In spite of different safety precautions, it is not impossible to enter false data in the user account. The hiogi GmbH gives no warranty regarding the real identity of the user.

(9) Warranty and Liability of the hiogi-GmbH

  1. The hiogi GmbH is, without any limitation, liable to indemnify damages caused to life, body, or health. Claims for other damages - whatever the legal ground may be – to the hiogi GmbH or assignees based on slight negligence, can only be made in case of harm to contractual / cardinal obligations. In this case, the amount of any indemnity claim is limited to a typical predictable claim. This regulation does not in any way affect the responsibility of the hiogi GmbH as regards the product liability law.
  2. The hiogi GmbH takes care of the availability of the services and functionality in the frame of common technical standards. This means an availability of hiogi of 96% over the time of one year. Especially maintenance, security and capacity issues as well as occurrences not under control of the hiogi GmbH (e. g. breakdown of public communication nets, power blackout etc.) may lead to short breakdowns or to a temporary cessation of the services.

(10) User’s Concession of Rights

Should the contents submitted by the user to the hiogi platform are subject to copyright or other property rights, the user grants to hiogi GmbH the simple right to use the contents graciously and irrevocably. This right of use is neither restricted to content, time nor territory. It contains the authorization to duplicate, revise, circulate and make it accessible to the public.

(11) Final Clauses

  1. All statements transmitted to the hiogi GmbH within the scope of a closed or future user contract may be done in writing by email or via the contact form of the hiogi online platform.
  2. Berlin is the sole place of jurisdiction for all kind of disputes resulting from these Terms and Conditions as well as from the user contract. This concerns users, merchants in the sense of the German Commercial Code, special funds under public law or a legal entity of public law.
  3. For users being consumers the place of jurisdiction, in addition to the place of jurisdiction confined by law, is Berlin for all disputes resulting from the user contract and the Terms and Conditions.
  4. The hiogi GmbH reserves the right to modify these General Terms and Conditions at any time without giving reasons. The user will be notified about these modifications in due time. Should the user not contradict within two weeks after information, the changed General Terms and Conditions are considered as accepted. The hiogi GmbH will advise the user of his right of objection and the significance of the objection deadline.
  5. Should any of the provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions are untouched.
  6. German Law is applied under exclusion of the UN Convention of the Sale of Goods.

Status: 1rd Jan. 2012
hiogi GmbH

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