Terms and Conditions

“OrganisedMinds” refers to the service provided subject to these Terms and Conditions and/or OrganisedMinds GmbH.

PREAMBLE

By logging on to OrganisedMinds, users accept the following Terms and Conditions (hereinafter the “TCS”) for using OrganisedMinds.

OrganisedMinds operates OrganisedMinds services under various top-level domains (organisedminds.com, organisedminds.de etc.), as well as various sub-domains and aliases of these domains. All websites on which OrganisedMinds provides OrganisedMinds Services are hereinafter referred to as “OrganisedMinds Websites.”

These TCS shall govern the contract relationship between the User and OrganisedMinds, irrespective of which OrganisedMinds Website the User is registered with or logged on to.

The User enters into this agreement on the use of OrganisedMinds Services with OrganisedMinds GmbH, Seboldstr. 1, 76227 Karlsruhe. Additional contact information, commercial registry data, as well as the name of the authorized representative of OrganisedMinds GmbH can be found under Contact Info.

The services provided by OrganisedMinds are intended exclusively for persons of legal age.

The User can call up, print out, download and or save these Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all OrganisedMinds Websites.

1. SUBJECT MATTER

1.1 The OrganisedMinds Websites offer registered users the options: a) a free business collaboration solution (membership of the free collaboration solution is hereinafter referred to as “OM:Solo” or “OM:Free” membership), and b) a paid business collaboration solution (membership of the paid collaboration solution is hereinafter referred to as “OM:Pro” or “OM:Team” membership).

1.2 Details about the applicable fees for the Paid Solution are set forth on the OrganisedMinds Websites under “Prices“. The fees listed under “Prices” are binding. Payments for the paid business collaboration shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, in particular with the credit cards accepted, or the available online payment systems. If OrganisedMinds is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. OrganisedMinds may deliver invoices and payment reminders to the User electronically. OrganisedMinds shall make said invoices available for download by the User in the paid User’s profile area of the OrganisedMinds Websites for at least one (1) year from the date of invoicing.

1.3 Any use of the services and contents offered on the OrganisedMinds Websites beyond the scope of options provided by OrganisedMinds requires the prior written consent of OrganisedMinds.

1.4 OrganisedMinds shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these TCS. OrganisedMinds is entitled to remove any illegal or prohibited data and/or information from OrganisedMinds Websites without prior notice to the User.

1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the OrganisedMinds Websites. OrganisedMinds shall nonetheless endeavour to keep OrganisedMinds Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond OrganisedMinds’s control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on OrganisedMinds Websites.

1.6 OrganisedMinds provides the User with a collaboration and management platform on which to collaborate with other users, and only provides those technical applications that allow users to contact one another. As regards content, OrganisedMinds does not take part in any communication between users. If users enter into agreements with one another over OrganisedMinds Websites, OrganisedMinds shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. OrganisedMinds shall not be held liable if users are unable to collaborate with one another over OrganisedMinds Websites regarding such agreements. Furthermore, OrganisedMinds shall not be liable for breaches of duty in relation to agreements entered into between users.

1.7 Team and Workspace Owners are entitled to choose their members. They may freely choose whether or not a user may join their workspace or team.

2. REGISTRATION, AND REPRESENTATIONS AND WARRANTIES UPON REGISTRATION

2.1 The User must register prior to using any of the services on the OrganisedMinds Websites.

2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to OrganisedMinds without undue delay.

The User shall not use pseudonyms or pen names.

2.3 The User warrants and represents that he or she is of legal age at the time of registration.

2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. OrganisedMinds shall not disclose the password to any third party and OrganisedMinds shall not ask for the User’s password at any time.

2.5 By completing the registration process, the User consents to enter the agreement to use the services of the OrganisedMinds Websites. OrganisedMinds accepts this offer by activating the membership for the use of services on OrganisedMinds Websites. The agreement takes effect with the aforementioned acceptance by OrganisedMinds.

2.6 Each User is entitled to register with OrganisedMinds only once, and the User may only establish one (1) user profile.

2.7 It is technically impossible for OrganisedMinds to determine with certainty whether any user registered with OrganisedMinds is in fact the person he or she represents to be. Therefore, OrganisedMinds assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

3. RIGHT OF CANCELLATION FOR CONSUMERS

If you as a User are registered at OrganisedMinds for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer in the sense of Par. 13 of the BGB (German Civil Code):

3.1 Right of cancellation

You may cancel your contractual agreement with OrganisedMinds in writing (e.g., by letter, fax or email) within fourteen (14) days without stating a reason. The two-week period begins upon receipt of these instructions, but not before the contract has been executed, and also not prior to our fulfillment of our informational duties as per Par. 246 (2) in connection with Par. 1 (1 and 2) EGBGB, as well as our duties as per Par. 312e (1) line 1 BGB in connection with Par. 246 (3) EGBGB. The contract can be canceled by sending timely notification to:

OrganisedMinds GmbH
Seboldstr. 1
76227 Karlsruhe
Germany
Fax: +49 (0) 721 47001687
Email: info@organisedminds.com

You may also deliver notice of termination using the contact form available at all OrganisedMinds Websites.

3.2 Consequences of cancellation

In the event of a valid contract termination, services and fees provided by both parties are to be returned, and any economic advantages gained (e.g., interest) are to be repaid. If you are not able to return the services and utilization (exercised benefits) rendered fully or in part, or only in a lesser form, you are obligated to reimburse us for the value lost. This can mean that you are required to fulfill the contractual payment obligations for the time period until cancellation. Obligations to reimburse costs must be fulfilled within 30 days. This period begins for you when you send your contract termination, for us when we receive it.

3.3 Additional information

The User’s right of cancellation lapses before the end of the right of cancellation period if the contract has been completely fulfilled to the satisfaction of both parties before the User exercises his or her right of cancellation.

4. OBLIGATIONS OF THE USER

4.1 The User is obliged,

4.1.1 To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.

4.1.2 To post on the OrganisedMinds Websites only photographs of the User in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the OrganisedMinds Websites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.).

4.1.3 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not

Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or OrganisedMinds personnel or other companies

Use any pornographic or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors

Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act)

Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.

Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).

4.1.4 To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:

Sending chain letters

Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing) or

Communicating in any insinuating or sexual way (suggestive or explicit).

4.2 The User is prohibited from the following:

Employing any mechanisms, software or scripts when using OrganisedMinds Websites. However, the User may use the interfaces or software provided by OrganisedMinds within the scope of the services available on the OrganisedMinds Websites.

Blocking, overwriting, modifying and copying of any contents of the OrganisedMinds Websites, unless said actions are necessary for the proper use of the services on the OrganisedMinds Websites. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of the services, and is therefore prohibited.

Distributing or publicly disclosing the contents of any of the Websites of OrganisedMinds or any other user

Performing any actions which may impair the operability of OrganisedMinds’s infrastructure, particularly actions which may overload said infrastructure.

5. CHANGES TO THE SERVICES ON ORGANISEDMINDS WEBSITES

OrganisedMinds reserves the right to modify the services offered on the OrganisedMinds Websites and/or to offer services different from those offered at the time of the User’s registration at any time, unless this is unreasonable for the User.

6. TERM AND TERMINATION OF MEMBERSHIP, REIMBURSEMENT OF ADVANCE PAYMENTS

6.1 The User may terminate the OM:Solo or OM:Free membership at any time without cause. The User may deliver notice of termination using the contact form available on all OrganisedMinds Websites at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the OrganisedMinds Websites.

6.2 OM:Pro and/or OM:Team membership shall run for the period selected by the user when purchasing the membership. After this term, the membership will be extended by a term of the same length as the original term, unless terminated in due time by the User or OrganisedMinds. The User and OrganisedMinds may each terminate without cause OM:Pro and/or OM:Team membership to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the contact form available on all OrganisedMinds Websites. Furthermore, both the User and OrganisedMinds may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the OrganisedMinds Websites. If OM:Pro and/or OM:Team membership has been terminated, the User is entitled to retain OM:Solo or OM:Free membership until this membership is terminated. The provisions of this section 6.2 shall not affect the right of both parties to terminate the agreement for good cause.

6.3 A good cause is defined as an event which makes it unacceptable for OrganisedMinds to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of OrganisedMinds against the User’s. A good cause includes any the following events:

If the User fails to comply with any applicable legal provisions

If the User breaches a contractual obligation, in particular an obligation set forth in sections 2 and 4 of these TCS

If the reputation of the services offered on the OrganisedMinds Websites is substantially impaired by the online presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);

If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;

If the User causes harm to any other user(s)

If the User is a member of a religious sect or a denomination that is controversial in Germany.

6.4 In the event of a good cause in accordance with section 6.3 and notwithstanding OrganisedMinds’s right to terminate the contract in accordance with section 6.3, OrganisedMinds is entitled to:

Delete the contents posted by the User

Issue a warning, or

Block the User’s access to the services on the OrganisedMinds Websites.

6.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:

If OrganisedMinds has terminated the contract for good cause pursuant to section 6.3,

If OrganisedMinds has blocked the User’s access in accordance with section 6.4, or

If the User has terminated the agreement. However, the User’s right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to OrganisedMinds.

7. RESPONSIBILITY FOR THE USER’S CONTENT, DATA OR OTHER INFORMATION

7.1 OrganisedMinds does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the OrganisedMinds Websites or on any external websites linked to them. In particular, OrganisedMinds does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

7.2 The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these TCS (including the use of pseudonyms or false identities) using the contact form available at all OrganisedMinds Websites.

8. CUSTOMER SERVICE/SUPPORT

Queries regarding agreement with OrganisedMinds or regarding OrganisedMinds Services can be sent by the customer to OrganisedMinds using the contact form available at all times on all OrganisedMinds Websites, or by sending an email to: support@organisedminds.com, a fax or a letter.

9. LIABILITY OF ORGANISEDMINDS

Whatever the legal grounds, liability for damage claims based only on ordinary negligence against OrganisedMinds (including its vicarious agents) shall exist only if OrganisedMinds breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.

Limits shall not apply to the extent damages are covered by OrganisedMinds’s business liability insurance, provided the insurance company has effected payment to OrganisedMinds. OrganisedMinds undertakes to maintain the insurance coverage existing at the time this agreement is concluded.

This shall not affect personal injury and property damage claims based on the German Product Liability Act. Furthermore, the above liability exclusions and limitations shall not apply in the event of the assumption of express guarantees by OrganisedMinds or its vicarious agents, or given the lack of promised features.

10. INDEMNITY

10.1 The User shall indemnify and exempt OrganisedMinds from all actions, including damage claims, asserted by other users or third parties against OrganisedMinds resulting from an infringement of their rights by the contents posted by the User on OrganisedMinds Websites. Furthermore, the User shall indemnify and exempt OrganisedMinds from all actions, including damage claims, asserted by other users or third parties against OrganisedMinds resulting from an infringement of their rights regarding the use of the services on OrganisedMinds Websites by the User. The User assumes all reasonable costs OrganisedMinds incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by OrganisedMinds, are hereby unaffected. The User has the right to prove that OrganisedMinds incurred lesser charges than claims made.

The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.

10.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at OrganisedMinds’s discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of OrganisedMinds Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by OrganisedMinds.

11. DATA PROTECTION

OrganisedMinds recognises that any data provided by the User to OrganisedMinds is extremely important to the User, and OrganisedMinds shall therefore be particularly sensitive in handling such data. OrganisedMinds shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, OrganisedMinds shall not provide or otherwise disclose any personal data of the User to any third party without authorisation. Details on OrganisedMinds’s treatment of the User’s data are set forth in the Data Protection Policy of OrganisedMinds accessible from each of the OrganisedMinds Websites.

12. FINAL PROVISIONS

12.1 OrganisedMinds reserves the right to amend these TCS at any time, without giving reasons, unless an amendment is unreasonable to the User. OrganisedMinds shall give due notice of any amendments of these TCS to the User. If the User does not object to the applicability of the revised TCS within six (6) weeks after receipt of said notice, the amended TCS shall be deemed to be accepted by the User. OrganisedMinds shall inform the User about the User’s right to object and of the relevance of the objection deadline in said notice.

12.2 Unless otherwise stated in these TCS, the User may submit all notices to OrganisedMinds using the contact form provided on each of the OrganisedMinds Websites, or by letter or fax. OrganisedMinds may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.

12.3 If any provision of these TCS is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

12.4 The place of performance under these TCS shall be OrganisedMinds’s main place of business.

12.5 Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of OrganisedMinds.

12.6 These TCS and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.