GTC

§1 The Portal / Contractual Partners/ Service Provider

1. The Ojom portal is an online shop for products and services (hereinafter the “Products”) to be used within subscriptions. Products can be bundled (“Bundle”). Depending on the selected Products and additional options, if available, each Bundle has its own discount price.

2. Contracting partner of User is ME digital GmbH, Karl-Liebknecht-Straße 32, 10178 Berlin, ("ME digital GmbH"). The contract between the User and ME digital GmbH is about using the bundle as a whole. There are no separate contracts about the use of single Products contained in the Bundle.

3. The relationship between ME digital GmbH and the User is subject to these general terms and conditions as applicable at the time of order (“GTC”).

4. ME digital GmbH uses third parties to provide the agreed Products to User. There is no contractual relationship between these third parties and User. More particularly, there are no payment obligations of User towards these third parties. However, the actual use of the Products will regularly be subject to the terms of use applied by the third party in addition to these GTC.

5. The third parties use their own infrastructure, e.g. websites and mobile applications to provide their Products. A separate registration of User on these third-party properties may be required in addition to the registration on Ojom. Furthermore, the use of the Products may require the acceptance by User of third-party licenses, terms of use and general terms and conditions (“ThirdParty Terms”). To the extent that such Third-Party Terms contain provisions about conclusion of contract, warranties and payment, these GTC of ME digital GmbH shall prevail.

6. This agreement remains unaffected by any additional agreements the User may conclude with a third-party provider. Such additional services are subject to the terms agreed between the User and the third-party provider, and ME digital GmbH does not assume any liability with regard to such additional agreements.

7. The agreed fees are due independently from User using the Products and/or registering with a third-party provider.

§2 Data Traffic

1. The use of Products may cause considerable amounts of internet and mobile data traffic, especially for download and streaming services. User will have to bear these costs him/herself.

§3 Registration, Closure of Contract and Termination

1. The Bundle price is based on the selection of Products as displayed on the Ojom portal sites. Package discounts do not apply to the use of single Package Products outside of the Package.

2. The selection of Products, potentially other options and the means of payment can be modified until User places the order by pushing the order button. As a second step, User will be asked to provide the payment details. Only by confirming the payment details, User makes a binding offer to purchase the selected Bundle subscription at the displayed price. A binding contract is made when ME digital GmbH confirms the offer by sending a confirmation email. ME digital GmbH reserves the right to reject any offers with or without stating a reason.

3. User must ensure that all information provided including contact and payment details are complete and correct. User is obliged to notify ME digital GmbH about any changes.

4. The agreement between ME digital GmbH and User has an initial term as selected on the Ojom portal. Thereafter, unless either party terminates the agreement, it is renewed for either the agreed renewal term. If no specific renewal term is agreed, for the length of renewal term is equal to the initial term. Terminations can be done via email, customer hotline, on the Ojom portal or otherwise in writing effective to the end of the then running billing cycle.

5. The right of both parties to terminate the agreement for material reason with immediate effect as stipulated in applicable law remains unaffected. Additionally, ME digital GmbH shall be entitled to terminate the agreement with or without notice, when certain Products that are part of the Bundle are no longer available, and User and ME digital GmbH cannot agree on the replacement of an unavailable Product.

§4 Access Codes

1. Following the conclusion of the agreement, ME digital GmbH will provide all logins, access codes and/or links (hereinafter “Access Codes”) that are required for User to access and use the Products. The Access Codes are provided via Email or within the Ojom portal User account.

2. Unless expressly agreed otherwise, between ME digital GmbH or as part of the Third-Party Terms, the use of the Access Codes is limited to the User. Therefore, User must not pass on the Access Codes to any third party or otherwise disclose them. In the even that a third party has obtained access to the Access Codes, or if there is a suspicion to that effect, User is obliged to notify ME digital GmbH without undue delay. ME digital GmbH will then provide new Access Codes.

3. User is responsible and liable for all actions related to the User account unless any such action was not due to the fault of User.

4. ME digital GmbH reserves the right to temporarily or permanently block a User account in cases of breaches by User of these GTC including, without limitation, the provision of incorrect registration and payment data as well as unauthorized disclosure of Access Codes.

§5 Right of Withdrawal

1. User as a consumer is entitled to withdraw from this agreement within a period of 14 days without stating a reason, unless User has expressly waived this right in accordance with applicable law. All information about the right of withdrawal, how to execute it as well as a withdrawal template can be found here: Withdrawal

§6 Pricing and Payment Terms

1. All prices are including value-added taxes and/or similar sales taxes at the applicable rate. Costs of data usage are not contained in the displayed prices.

2. If the delivery of physical goods is part of the service provided by ME digital GmbH, the costs for packaging and delivery will be displayed as part of the order process.

3. Shipping costs depend on the delivery country and zone as indicated as part of the checkout process. Shipping depends on the country, postal service used and customs and takes a maximum of 3 working days (Germany), 14 days (rest of Europe) or 6 weeks (USA and other non-European countries.

4. Payment is due in advance of the agreed billing period. The first payment is due when the initial order is completed. If a free trial was agreed, the first payment is due following expiry of the trial period, unless the agreement ends automatically at the end of the trial period and the parties have not agreed on a continuation of the agreement.

5. ME digital GmbH offers the displayed payment methods at its own discretion. The processing of payments is subject to the terms and conditions of that provider.

§7 Retention of Title

1. Physical goods are delivered under the proviso of retention of title. Therefore, property rights are only transferred upon full payment. Before the property transfer, User must not further transfer property to any third party.

§8 Rights of Use

1. The right to use the Products is limited to personal, non-commercial use by User. Third-party providers may impose additional rules of usage.

2. ME digital GmbH reserves the right to block User’s access to the Products if User is in violation of the agreed terms of use. Likewise, the third-party provider may impose sanctions based on their terms of use.

§9 Liability

1. The liability of ME digital GmbH shall be unlimited for damages resulting from willful or negligent injury to life, body or health as well as for other damages resulting from willful intent or gross negligence on the part of ME digital GmbH or its legal representatives or vicarious agents.

2. Except where the liability of ME digital GmbH is unlimited as stipulated in subsection 1 above, the liability of ME digital GmbH for reimbursement of damages and expenses resulting from slightly negligent breaches of Material Obligations (as defined below) shall be limited to the extent typically foreseeable. “Material Obligations” are obligations which are essential for achieving the purpose of the particular agreement and upon the fulfilment of which a contractual party regularly relies.

3. The liability of ME digital GmbH as stipulated in the applicable product liability laws and regulations remains unaffected.

4. Except as stipulated above, any liability of ME digital GmbH – regardless of the legal grounds – shall be excluded.

5. For damages of User resulting from the loss of data, ME digital GmbH shall not be liable to the extent that such damages could have been avoided through the reasonable efforts of User to create own backups.

§10 Data Privacy

1. ME digital GmbH collects and processes personal data of the Ojom Users in accordance with applicable laws and regulations and with the applicable Privacy Policy of ME digital GmbH for the purpose of performing the agreement. The Privacy Policy contains all required information such as controller, contact of data protection officer and other information about how ME digital GmbH processes personal data of Ojom Users.

§11 Changes to these GTC

1. ME digital GmbH reserves the right to amend these GTC if this is required due to technical, legal or regulatory developments that have taken place following the conclusion of the contract. Furthermore, amendments may be made in connection with new features or to increase the security of the service.

2. ME digital GmbH will notify User about such changes in advance, for example via email, by posting a notification to the Users Ojom user account or otherwise within the Ojom service. The notification will contain a summary of the intended changes, a reminder of the right of User to reject changes, the recipient of a declaration to reject as well as a reminder that changes will come in effect if User does not reject within a period of 30 days.

3. In any event, changes that would materially affect performance and compensation as originally agreed do require express agreement by User.

4. Users who do not agree with a proposed change are entitled to terminate the agreement.

§12 Applicable Law, Dispute Resolution

1. These GTC are subject to the laws of Germany.

The CISG/UN Convention on Contracts for the International Sale of Goods and of German private international law are expressly excluded.

2. EU Online Dispute Resolution, art. 14 (1) of Regulation (EU) No 524/2013: The EU commission provides an online dispute resolution platform. However, ME digital GmbH is not willing nor obliged to participate in such dispute resolution proceedings.


© ME digital GmbH, 01.01.2021