Lost and Found LawThe provider points out that he is not an official body authorized to receive found item reports in accordance to § 965 paragraph 2 of the German Civil Code (BGB) and that reporting or publishing found items or pets entries via the ministrations offered by the provider is not suitable for fulfilling the requirement of reporting a find in accordance with § 965 BGB. The service of the provider is just to make finding and getting back the lost/stolen items of users easier.
The rights and responsibilities in accordance with §§ 965 et seqq. BGB shall remain uneffected by the service.
§ 2 Setting up/submitting/publishing lost and found entries2.1 Users can use the ministrations of the provider for free and without registration. In case of a registration (cf. § 3 of these TOU), further options and tools are available to the user to administer his or her lost or found entries.
2.2 The user can set up lost and found entries for free via the online form on the website www.haveitback.com (the „website“) or on the app of the provider. Before submitting lost of found entries via the website respectively the mobile app [oder via email or chat], the user confirms to the provider that he or she has read the TOU, understands them, and agrees to them. With the activation reapectively online publicatuib of the lost or found entry submitted by the user, the user and the provider enter a free of charge user contract.
2.3 Using the service is free of charge for users. The use of the service is only ensured according with state-of-the-art technology and technical availability. The provider reserves the right to – temporarily limited – restrict the access to his service if reaching capacity limits, maintenance, or security reasons require it.
§ 3 Registration3.1 Users can register a user account on the website or mobile app. The registration is free of charge. With the registration, a free of charge user contract is initiated between provider and user.
3.2 Only natural persons may register on the platform, though only adult persons may use the additional offers described in § 5 und § 6 (Search Agent respectively Premium Entry). Users that are acting as a proxy or for a third party (e.g. for a company that wants to place appendixes via the platform) must be authorized to represent the third party. There is no entitlement for a registration.
3.3 The user must truthfully give all asked data when registering. If the user gives false information, the provider is within his rights to restrict, block, or delete the user account. When choosing the measure, the provider will consider the valid interests of the user and their fault.
3.4 The user chooses a user name and a password when registering (from here on "user data"). User names the use of which impeaches on the rights of third parties – especially names or brands – or in any other way is unlawful or oppose public decency or public order, are not permitted.
3.5 After the registration, the user receives a condirmation via email. The user must handle the login data with confidentiality and keep it safe from unauthorized access by third parties. The user is required to immediately inform the provider if there are indications for abuse of his or her user account by a third party.
§ 4 Deleting an entry or a user accountIn case of a registration in accordance to § 3 of these TOU, a user can delete his or her entry and/or user account any time without having to give a reason.
§ 5 Search Agent5.1 The user can set up a fee based Search Agent. By setting up a Search Agent, the user is automatically informed via email on new entries on the web portal that match his or her chosen criteria.
5.2 The user chooses the duration of the Search Agent when setting it up. The price for a Search Agent is dependent on the duration of the search. The booked duration starts with the receipt of the payment in accordance with section 5.5 of this TOU.
5.3 By submitting a Search Agent to the provider, the user makes a binding offer for the conclusion of a fee based contract for this item. The confirmation of the successful submission of the Search Agent to the email address given by the user is sent automatically and is at the same time the decleration of acceptance by the provider. With the receipt of the decleration of acceptance by the user, the contract becomes effective.
5.4 By accepting the the offer, the user is prompted to transfer the payment to the provider. The payment is due 5 days after the user receives the contract acceptance. If the payment for the booked Search Agent is not received by the provider within 10 days after the user receives the decleration of acceptance, the Search Agent is automatically deleted by the provider. The user is eligible to set up a new Search Agent at any time.
5.5 The payment is to be made via PayPal, sofortueberweisung.de or bank wire; the provider reserves the right to offer further payment methods. The search duration only starts after the provider receives the payment, which is confirmed to the user via email.
§ 6 Premium Entry6.1 A Premium Entry of the loss entry is additionally bookable by the user against payment of a fee. Booking a Premium Entry makes the entry appear on the starting page of Haveitback.com in order to further increase the awareness of a lost item regionally.
6.2 Claus 5.3 to 5.5 of this TOU apply accordingly to the booking of a Premium Entry.
§ 7 Right of revocationConsumers have the following right of revocation:
Right of revocation
Right of revocation
You have the right to withdraw from this contract within fourteen days without stating a reason. In order to make use of your right of revocation, you must, to us (getsteroo GmbH, Waechtersbacher Strasse 78, 60386 Frankfurt am Main, email email@example.com), state a clear decleration (e.g. a postal letter, telefax, or email) on your decision to revocate and inform us. You can use the revocation-template, but it is not mandatory. In order to preserve the revocation period, a message stating you are making use of your revocation right before expiration period is over is sufficient.
Consequences of revocation
If you revocate this contract, we shall reimburse you all payments that we have received from you, including the shipmet costs (with exception of additional costs that result from you having chosen a different type of shipment than the most low-priced standard shipment we offer), without delay within fourteen days starting from the day we receive the notification about you revoking your contract. For the reimbursement, we will use the same means of payment with which the original transaction was made, except if explicitly agreed with you otherwise; under no circumstances shall you be invoiced fees for this reimbursement.
The right of revocation expires when you consent to and have explicitly expressed that we shall start with the execution of booked commissioned services and you were, at the time of conclusion of the contract, aware that you lose your right of revocation with the our fulfillment of our contractual duties.
§ 8 Duties of the user, rights of use, and user contents8.1 The user is responible that all information of lost or found entires necessary for registering entries is correct.
8.2 The user guarantees and assures that he or she has not acquired the found item he or she registers by any illegal means.
8.3 Every user is responsible for all submitted user contents, e.g., content, images, photos, videos, data, and other information. The user may not use photos, names, and/or other personal data in their own entry if this infringes on the rights of third parties.
8.4 The user grants the provider non-exclusive, worldwide, free of charge, spatially and temporally unlimited, transferable rights of use on their user content for the purpose of using the ministration and service of the provider. This entails especially (i) the right of duplicating, the right of public accessibility and distribution, that is the right to use contents for indefinite periods via all available technology, escpecially by the digital integration within websites, and the right to make the contents availabe to the public or to use the content to publicly reproduce, transmit, or distribute or broadcast it (especially via social media platforms that are also used by users); as well as (ii) the right of providing upon request, that is the right to store contents, to have at hand for the public, to share and forward it with any amount of people. The user especially agrees to that his or her submitten data and information in the form of user contents, e.g. for visual or graphical reasons or for clarification, may be altered, edited, or used on third-party websites under a different domain address.
The provider accepts the granting of such rights.
The license granted to the provider by the user does not end with the deletion of the user account respectively user content in accordance with § 4 of these TOU, insofar as the user content was not deleted before the deletion of the user account.
8.5 The user content is the sole responsibility of the user. The user guarantees and assures that
- that all posted, submitted, or via any other way provided information, photos, pictures, videos, and all other content does not infringe on the rights of third parties or violates applicable law;
- that all user contet compiled and added by the user does not entail any contents described in § 9 of these TOU; and
- that the user is author of all content respectively that the user owns all intellectual property rights and industrial property rights of all content.
§ 9 Unauthorized use, exemption9.1 The user makes use of this service according to these conditions and applicable law. All inappropriate or unlawful use is prohibited. Especially the following is unconditionally prohibited:
- Upload and distribution of pornographic, insulting, opprobrious, offensive, racist, threatening, or violating youth protection legislation or personal rights as well as other unlawful content;
- Upload and distribution of content that was partially or fully copied without consent from the author or from other protected content;
- Upload and distribution of content that violates or impairs the right of third parties, especially personal rights, copyright laws or property rights as well as all other rights of third parties;
- Using the services of the provider for advertising purposes;
- Wrongful information information and statement of data and infromation of third parties;
- Using of data and information of other users without their explicit consent;
- Attack on the service using viruses, malware, or other harmful methods;
- Change, manipulation, bypassing, overloading, or disturbance of services and their underlying software and security systems; and setting up/submitting unlawfully aquired items as found items.
9.3 It is prohibited to undertake actions that are set on disturbing the functionality of the service. Electronic attacks of all kind are prohibited. This includes: attacks that attempt to break into internal processes, the use or distribution of malware, sending of unwanted messages such as advertisement, other processes that impair on the smooth operation of the services of the provider.
9.4 The content published by third parties is is generally not monitored or controlled. No responsibility is taken for form, correctness, appropriateness, and quality of such content. The provider reserves the rigth to edit content provided or submitted by users, to remove content or to surpress it when there are indiciations that it violates the TOU or lawful provisions.
§ 10 ExemptionIn all disputes between the user and a third party concerning the content provided by the user, the user is solely responible for all contnt used by him or her. Should third parties accordingly make claims against the provider, the user exempts the provider from all resulting demands. This is not the case if the violation is not attributable by the user. In the case of a Claim, the user is required to immediately, fully, and truthfully provide all required information that may be necessary to examine the claims and their vindication. The user shall bear all appropriate costs pertaining to the claims of a third party made towards the provider, including the appropriate costs emerging from legal defense.
§ 11 Liability and warranty11.1 The provider gives no warranty on the functionality and combatibility of systems, programs, etc., that do not direclty belong to the service of the provider.
11.2 The information provided via the app or website were checked thorougly and are regularly updated. The information, however, is subject to constant change. The provider provides no warranty that the information is displayed completey, correctly, and up-to-date at all times. When referencing directly or indirectly to other internet sites ("links") it is disclaimed that these sites are outside of the scope of responsibility of the provider; the provider does not make the contents of these linked sites his own and does not give any warranty for the acutuality, correctness, or completeness of the external website.
11.3 A liability of the provider for damages – irrespective of legal grounds – only become effective if the damage is
a) the result of a breach of substantial contractual obligations (an obligation whithout which reaching the contract purpose is at risk)
b) is the result of gross negligence or intent of the provider.
11.4 In case of the breach of a substantial contractual obligation by the provider without gross negligence being present, the provider limits the amount of liability to the predictable amount of damages typical for the contract. The liability for consequential damages, especially on loss of profit or compensation of damages of third parties, is excluded, except if the provider is guilty of gross negligence or intent.
11.5 The provider renders his service within the context of existing technological and operative possibilities. The liability for defaults due to higher powers or other external occurences that temporarily of permanently make the provision of all kind of services by the proficer impossible or unreasonably difficult is excluded, except if the provider acts grossly neglicent or with intent. Occurences in the foregoing sense are, among others, technical defaults of telecommunication systems, defaults of electricity, and natural catastrophes.
11.6 The provider will make every effort in order to provide a stable and high-performance service together with the service partners and data processing centers. Despite this, error messages and defaults of the service of the services can occur that are due to errorneous functions or maintenance works. The provider cannot guarantee or ensure that all his ministrations or software is free from viruses or does not contain any harmful content.
11.7 In the same extent in which the liability of the provider in these TOU is limited or excluded, the exclusion of liability for employees, representatives, and agents applies.
11.8 Claims for damages in accordance to product liability law and damages of life, body, and health remain unaffected by the limitations of liability in this § 11.
§ 13 Changing the TOU13.1 The provider reserves the right to change the TOU at any time, especially as a consequence of implementing legal requirements or changing functionality. Changes are communiated in writing to the user at least four (4) weeks before they are put into effect via e-mail. If the user does not object to the validity of the new TOU within four (4) weeks after receiving the notice, the changed TOU are considered agreed to. The provider is makes aware of the meaning of this deadline in a separate notification of change.
13.2 If the user objects within the deadline, the contractual relationship between the user and the provider shall remain to the priorly existing terms; in this case, the provider may ordinarily terminate the license agreement, although processed and at this point already paid for Search Agents are exempt from termination by the provider.
§ 14 Final provisions14.1 The provider is not a public authority. A report on the web portal or in the app of the provider do not substitute the official report in accordance to § 965 BGB at police stations, town halls, or other lawfully responible agencies.
14.2 Rights and responsibilities resulting from this contractual relationship between the provider and the user arise solely from these TOU. Verbal collateral agreements do not exist. Collateral agreements and changes to thies contract require the written form to be valid.
14.3 Is the user a merchant, a legal entity of public law or of special fund under public law (with or without general national place of jurisdiction), the local juristiction of the provider shall have exclusive jurisdiction over any and all disputes arising from this business relationship. Mandatory legal regulations about exclusive jurisdiction remain unaffected from this regulation.
14.4 The relationships between the parties shall be solely subject to the laws of the Federal Republic of Germany. For contracts with an objective which cannot be assigned to the professional or commercial activity of the customer (contract with consumer), this choice of law shall only be applicable insofar as long as the customer is not hereby deprived of the compulsory legal provisions of the country of residence.
§ 15 Severability clauseIf individual regulations of this contract with the user, including these TOU, be or become partially or fully ineffective, the effectiveness of the remaining regulations or parts of such regulations remain untouched. The entire or partially invalid provision shall then be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.
State: February 2019