General Terms and Conditions of Business of Novel Media Ltd. for the ProfileCare subscription
Area of validity/ changes of GTC/ Price adjustment
These conditions apply to the use of the fee-based service of the “ProfileCare subscription” which you (hereinafter: user) can sign up for on the following website:
www.profilecare.com
It is a service of Novel Media Ltd., Kastanienallee 10, 10435 Berlin, represented by the director Levon Melikian (hereinafter “Novel Media Ltd.”), Tel.: 030-4403321-0, fax: 030-4403321-2, e-mail: info@novelmedia.de.
The General Terms and Conditions of Business also apply to the future individual contracts between users and Novel Media Ltd. regarding the use of the service of “ProfileCare subscription”.
Novel Media Ltd. reserves the right to modify these conditions, especially to adjust the user fee in case of enhancement and improvement or modifications of costs. The Novel Media Ltd. will notify the user of such changes to the GTC via e-mail and remind him that these changes will be regarded as accepted if he does not contradict the modifications within four weeks.
Novel Media Ltd. can accept a user’s offer within two weeks. The contract is then concluded if an e-mail confirming the registration is send to the user within this period to the address given on the registration form.
By confirming the order via e-mail a contract is being concluded between the user and Novel Media Ltd. In the confirmation e-mail the user is informed of his right of revocation of two weeks.
Right of revocation
The user can, if he is consumer according to § 13 GCC declare the revocation of his contract within two weeks without giving reasons in writing (e.g. letter, fax, e-mail). The revocation period commences after the receipt of the confirmation e-mail from Novel Media Ltd. including the revocation instruction in text form. For meeting the revocation time limit it suffices to send the revocation in time.
The revocation shall be send to:
Novel Media
GmbH
Kastanienallee 10
10435 Berlin
Tel.: 030-4403321-0
Fax: 030-4403321-2
E-Mail: info@novelmedia.de
Consequences of revocation
In case of a valid revocation the mutually received services and emoluments taken (e.g. interest) when applicable are to be restituted by either side. If you are unable or partially unable to restitute the merchandise or if you can only restitute it in a deteriorated condition then you have to insofar compensate for its value when applicable. Besides that you can avoid the duty for compensation for lost value caused by deterioration by intended use of the merchandise by not using the merchandise as your property and avoid everything that affects the value.
Special notes
Your right of revocation becomes void prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.
- end of revocation instruction-
Novel Media Ltd. reserves the right to enhance, modify and/or improve the offered services at any time, provided that the modifications, taking into account the interests of Novel Media Ltd., are reasonable for the user. Novel Media GmbH will only take into consideration the Facebook Profile at the time of the review. The results of this verification are recommendations only.
In case the profile in question cannot be viewed due to privacy settings, the profile owner needs to be asked and his permission to review the profile needs to be granted.
In case the profile owner does not agree to the review the client may name another profile for reviewing – refunds are excluded.
In case the profile owner has agreed to the review he may opt that the review is only sent to him/her and not to the person who has purchased the review.
User fee
The user fee results from the current price list, which can be viewed at www.profilecare.com
Payments have to be made in advance, both in case of one-off checks or subscriptions for timed periods.
Payment details can be viewed in clients Paypal Account. Clients will receive a confirmation of their payment by Paypal. Detailed invoices are available upon request.
User‘s responsibilities or Rules of Conduct/ system requirements
Insofar as it is necessary for the use of “ProfileCare subscription” the user receives a non-exclusive and non-transferable right to use the subscribed ProfileCare contents. The user may not edit the contents or publish them elsewhere.
The services are to be used solely for private purposes. The use for commercial purposes is inadmissable. In particular, the user may not use the services to advertise for other websites, services or commercial offers.
User authorization
The user may only use the services for private purposes. The usage data may not be distributed. The user is liable to Novel Media Ltd. for all damages resulting from the unauthorized distribution of the usage data.
Liability
Claims for culpable induction of damages of life, body or health, under the Product Liability Act, for grounds of fraud, due to a guarantee taken by Novel Media Ltd. for the procurement of goods, for the procurement risk or for the indepted impossibility remain unaffected.
The limitation of liability extends to the personal liability of legal representatives and agents of Novel Media Ltd.
Term and Termination
1. The contract of subscription has the agreed period of time and will automatically be renewed again for another 3 or 12 months, if neither the subscriber nor Novel Media Ltd. terminates the contract in writing 1 month before the expiry of the contract period.
Insofar as the renewal is at increased prices, Novel Media Ltd. will inform the subscriber about the price increase in time, at least 1 month before the beginning of the new contract period.
Privacy Policy
Novel Media Ltd. undertakes to comply with all data protection regulations. Novel Media Ltd. uses the data only within the scope of statutory provisions, for example for the performance of the contract or to inform you about goods and services which are similar to the ones you purchased. You may contradict to the use or the transmission of your data for commercial purposes or for purposes of market and opinion research at any time. We will explain this right of revocation to you again.
Final Provisions
For these General Terms and Conditions of Business and all legal relations between the user and Novel Media Ltd. applies the law of the federal Republic of Germany to the exclusion of UN sales law.
If the contracting party is a merchant within the meaning of the Commercial Code, legal entity under public law or public law special fund, if he does not have a general domestic jurisdiction or if his residence or habitual residence at the time of filing legal action is unknown, the exclusive jurisdiction for all disputes arising from and in connection with the contract as well as the place of payment, delivery and performance is at residence of Novel Media Ltd. in Berlin.
Changes and/or amendments to this agreement shall be invalid unless in writing, provided it is not agreed otherwise in the General Terms and Conditions of Business. This applies also to a possible waiver of the written from requirement.
Differing terms and conditions of the customer will not be accepted.
Severability clause
Should any of the provisions of the GTCs be ineffective or void in part or in whole, then the validity of the remaining provisions shall not be affected.