[Convenience translation only. The German version of this Terms of Use, to be found at https://www.goflink.com/de-DE/app/, shall be authoritative.]
Terms of Use ‒ Flink App
The following Terms of Use govern the use of the Flink App ("App") provided by Flink SE with its registered office in Berlin ("Flink", "we") by our customers ("Customer", "you"). Using the App requires your agreement to the following Terms of Use ("Terms of Use"). Please read them carefully.
§ 1 General
1.1 For using the App, you need to agree to be bound by these Terms of Use, which are provided for your review in advance. If you cannot accept the Terms of Use, you may not use our App. If you are using our services on behalf of a corporation, company, or organisation (collectively, "Organisation"), you represent and warrant that (a) you are an authorised representative of that Organisation and (b) you have the authority to bind that Organisation to these Terms of Use.
1.2 Our then current Terms of Use can be reviewed on our website, with the option to print and save them on a permanent data carrier.
§ 2 Acceptable Use
2.1 Flink offers you the download of the App and its features for downloading onto your mobile device free of charge. By downloading the App, you are entering in a free agreement on the use of the App with Flink.
2.2 Download and use of the App are also subject to the terms and conditions of the Apple App Store, the Google Play Store, or any other app store you choose to use ("App Store"), which you have agreed or will agree in the future with the respective App Store provider. In the App Store, you will also find further helpful information on our App, for example, on the size of the download, compatibility, and the different languages in which our App is offered.
2.3 To download and use the App, you need a (mobile) data connection, for which you shall bear the costs at your own expense. Please note that, depending on your usage, you may incur higher costs from the operator of your mobile data connection. Please reach out to your provider for information on the prices for use of mobile data.
2.4 Settings, results, and user experiences may depend on your respective mobile device and may possibly not be retrieved on other devices. If you delete the App or change the mobile device and then reinstall the App, you possibly will not have your previous settings restored. We also do not warrant an equivalent user experience when using the App with different mobile data connections. In particular, the response time of the App may be longer when using a mobile data connection than when using the App with a Wi-Fi connection.
2.5 It is your responsibility to keep your mobile device in a condition that allows you to use the App. We provide all information on compatibility and system requirements to the best of our knowledge. However, due to the variety of possible combinations of mobile devices, network operators and operating systems, we cannot warrant the best possible functionality of the App in all constellations.
2.6 We strive to ensure continuous and uninterrupted accessibility and performance of our App. However, we assume no responsibility for its continuous and uninterrupted accessibility or availability if the access is disrupted by yourself, an unforeseeable or irresistible act of a third-party not acting on our behalf under this Terms of Use, or a force majeure event as defined by case law.
§ 3 Updates and upgrades
3.1 We are working hard to constantly develop and improve our App. By doing so, we ensure that updates necessary to maintain your user experience are timely provided to you during the period of your use of the App. Flink reserves the right to temporarily interrupt or limit access to the App for maintenance or updating purposes.
3.2 Flink provides you with the App in its current version via the App Store. You will also receive all updates and upgrades via the respective App Store.
3.3 Due to the constant development and improvement of the App, we reserve the right to offer new functionalities and/or premium functions in the App and/or to remove or change certain features. We will inform you about such changes by appropriate means.
3.4 Updates and upgrades may affect system requirements and compatibility. We strive to ensure a sufficient level of backward compatibility. If you do not install a provided update within a reasonable period, we will not be liable for any inconvenience occurring with the use of the App or impaired user experience due to the absence of such update.
§ 4 Prohibited use
4.1 It is strictly prohibited (i) any use likely to interrupt, suspend, slow down or prevent the proper operation of the App, (ii) any interference or intrusion into our systems, (iii) any diversion of the App's system resources, (iv) any breaches of security and authentication measures, (v) any actions that infringe our financial, commercial or intangible rights and interests or those of the users of our App, (vi) any practices that misuse the App for purposes other than those for which the App was designed, and (vii) any breaches of these Terms of Use or applicable laws and regulations.
4.2 A breach of these Terms of Use may give rise to claims for damages against you and/or have criminal consequences, depending on the type of breach.
§ 5 Copyright
5.1 Our App is protected by copyright. We reserve all rights to the App. Reproduction other than for the purpose of downloading and installing the App on your own mobile device is prohibited. Any further distribution, whether in physical form or online, any modification or editing of the App and its contents as well as any extraction of contents and their separate commercial exploitation are prohibited.
5.2 We grant you a non-exclusive, non-sublicensable and non-transferable, freely revocable right, limited in time, to use the App to use the service offered by Flink and its subsidiaries. We also grant you the right to install the App on end devices for your own use. Any further use of the App, including the images, logos, or product descriptions contained, is not permitted without our express consent. When using the App, you are in particular prohibited from extracting the information displayed in the App en masse (e.g. by so-called "scraping") and/or using the information outside the App.
5.3 All logos, trademarks, trade names and product names used in our App are for illustration purposes only and to improve the user experience. The copyright of the corresponding logos, trademarks, trade names and product names is held by the respective brand owners and licensees. With the exception of our own Flink brands, all logos, trademarks, trade names and product names are the property of the respective brand owners and licensees.
§ 6 Right of withdrawal, expiry of the right of withdrawal
6.1 If you download our App for a purpose that can be attributed neither to your commercial nor to your independent professional activity, the following provisions apply to you as a consumer (Verbraucher), subject to § 6.2 below:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Flink SE, Brunnenstraße 19-21, 10119 Berlin, Germany, e-mail: [email protected], phone +49 30577130721) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the end of the cancellation period.
Consequences of withdrawal
If you revoke this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(End of withdrawal policy)
Sample withdrawal form
(If you want to revoke the contract, you can optionally fill out this form and send it back to us).
To: Flink SE, Brunnenstraße 19-21, 10119 Berlin, Germany
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*), ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as applicable.
6.2 The right of withdrawal expires as soon as we have started to fulfil the usage contract (start of the download of the app).
§ 7 Warranty, liability
7.1 The warranty for material defects or defects of title of the App is generally based on the applicable statutory provisions (gesetzliche Vorschriften). Notwithstanding the foregoing, claims for damages are governed by the following provisions. For the assertion of any warranty claims, please contact our customer service directly via the App or via [email protected]
7.2 We shall be liable without limitation in accordance with the statutory provisions insofar as the customer asserts claims based on intent or gross negligence as well as in cases of assumption of a guarantee of quality, fraudulent concealment of defects and injury to life, limb and health.
7.3 In the event of damage to property and financial loss caused by us through slight negligence, we shall only be liable (with the exception of the cases mentioned in Sec.7.2 above) in the event of a breach of a material contractual obligation (Kardinalpflicht) but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract (typischer und vorhersehbarer Schaden). Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. Any liability of Flink beyond the above is excluded.
7.4 The above exclusions and limitations of liability also apply with regard to the liability of Flink's employees, workers, representatives and vicarious agents as well as our affiliated companies within the meaning of Sec.15 ff. AktG in conjunction with. Art. 9 para. 1 lit. c) ii) Regulation (EC) No. 2157/2001.
§ 8 Cookies and comparable technologies, data protection
We use cookies and similar technologies that are either necessary for the operation of the App or are only used with your consent for additional functions, tracking and personalised marketing. For more details, please see our privacy policy at https://www.goflink.com/de-DE/privacy/.
§ 9 Term and termination
9.1 The user contract is concluded for an indefinite period. You can terminate the user contract at any time without giving reasons by simply uninstalling the App. Please note that this does not include the deletion of your user account, for this requires a separate action of yours. The easiest way to delete your user account is to do so via the App before uninstalling it. Note: After deleting the user account, data cannot be restored.
9.2 We can terminate the user contract at any time with a notice period of two weeks. You will be informed of this in a reasonable manner (e.g. by e-mail).
9.3 We have a special right of termination in the event that we (i) lose the authorisation to operate the App or (ii) cease to operate the App. In this case, we may terminate all contracts relating to the operation and use of the App with extraordinary effect from the date of discontinuation of the App. Other rights of termination remain unaffected.
9.4 The right to extraordinary termination for good cause at any time remains unaffected by the above provisions. Flink is entitled to terminate the user contract for good cause in particular if you culpably violate these Terms of Use and repeatedly fail to comply with the rules in the same or similar manner despite a warning. In the case of serious violations, immediate termination is permissible without the need for a prior warning.
§ 10 Applicable law and place of jurisdiction
10.1 All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany with the exception of its conflict of laws provisions. The UN Convention on Contracts for the International Sale of Goods shall not apply. If you are a consumer within the meaning of Sec. 13 of the German Civil Code (Verbraucher), you are nevertheless entitled to the protection of the mandatory provisions of the law that would be applicable without this clause in accordance with Arti-cle 6 (2) of Regulation (EC) 593/2008.
10.2 For disputes arising from or in connection with the use of the App and these Terms of Use, the exclusive place of jurisdiction shall be Berlin, provided that you are a merchant or a legal entity under public law or a special fund under public law, or you do not have a permanent place of residence in Germany, have moved your place of residence or habitual abode abroad after these Terms of Use have come into effect, or if your place of residence or habitual abode is unknown at the time of bringing an action.
§ 11 Consumer dispute resolution
11.1 We would like to point out that we are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board. Rather, we always endeavour to resolve any conflicts with our customers ourselves.
11.2 The EU Commission has set up an internet platform for the online settlement of disputes ("ODR platform") between entrepreneurs and consumers. The ODR platform can be reached at www.ec.europa.eu/consumers/odr/.
§ 12 Contractual language, severability clause
12.1 The contractual language is German. Any translations of these Terms of Use are provided solely as a service to our customers. However, only the German version shall be authoritative. A translation of these Terms of Use into a language other than German shall not affect the interpretation or application of these Terms of Use. In the event of any discrepancies, the authoritative German version shall take precedence over any translations.
12.2 The invalidity of one or more provisions of these Terms of Use shall not affect the validity of the remainder of the contract. The invalid provisions shall be replaced by the applicable statutory provisions.
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