General terms and conditions for the use of the “score4more” offer from score4more GmbH
Date: 29. November 2022
score4more GmbH (hereinafter “s4m”) operates an internet service called “score4more”, via which digital content, such as analysis reports and studies can be purchased (hereinafter referred to as the “offer”). The following general terms and conditions contain the basic rules for the use of the offer as well as for the acquisition of digital content. Terms and conditions of the user that deviate from these terms and conditions do not apply unless their validity has been expressly confirmed by s4m.
The “score4more” offer is aimed exclusively at entrepreneurs i. S. d. 14 BGB as well as persons who act in the exercise of an official or official activity, and not to consumers as in § 13 BGB.
2. Definition of terms
“User” in the sense of these general terms and conditions is any natural or legal person or association of persons who make use of s4m’s score4more offer, e.g. by acquiring digital content advertised within the offer.
“Digital content” in the sense of these general terms and conditions is data that is not on a physical data carrier and that is distributed in digital form by s4m, e.g. analysis reports or studies that are made available for retrieval in electronic form.
“Existing product” in the sense of these general terms and conditions is digital content, e.g. an analysis report that is already available as an electronic document at the time of the order and does not have to be newly created.
“Make to Order” product in the sense of these General Terms and Conditions is digital content, e.g. an analysis report that is not already available as an electronic document at the time of the order, but that is only newly created based on the user’s order.
“Organization” in the sense of these general terms and conditions is the legal person, the partnership, the sole proprietorship, the authority, the public institution or the comparable organizational unit in which the user is employed.
3. Acquisition of digital content
The user has the option of purchasing the digital content advertised within the offer. Digital content is offered either as existing products (make to stock) or as “make to order” products. To place an order, the user must put the desired digital content in the virtual shopping cart and then go through the intended ordering process.
By completing the order process by clicking on the button provided, the user submits a binding offer to conclude a contract for the purchase of the selected digital content with s4m. The receipt of the offer is confirmed by sending a confirmation of receipt by email. This confirmation of receipt does not yet represent an acceptance of the offer. s4m can accept the offer of the user by means of an explicit notice of acceptance within 5 days. The contract is concluded when the user receives a corresponding order confirmation. Making the digital content available or sending an invoice is equivalent to an explicit declaration of acceptance.
The conclusion of the contract is only possible in German.
With the order confirmation, the user receives the details of his order and these general terms and conditions by email. The current version of the general terms and conditions can be viewed by the user at any time on the publicly accessible score4more website of s4m. The text of the contract is not saved by s4m, nor is it otherwise accessible to the user.
4. Prices, payment
The prices are always valid at the time of the order. Unless otherwise stated, all prices are final prices in euros excluding statutory sales tax. Purchased digital content is only provided in electronic form, so there are no additional packaging or shipping costs. Agreed fees are due for payment immediately. Agreed fees are due immediately when paying with Paypal or credit card. In the case of payment on invoice, agreed fees are due for payment by SEPA transfer without deductions at the latest when the download link is provided.
For payment, the user can choose between payment by direct debit, credit card or PayPal. If the payment is processed via a third party (e.g. PayPal; Stripe), the user may be forwarded to a website of the payment service provider following the order process for the purpose of initiating the payment process.
By selecting the credit card payment and entering the credit card data, the user authorizes s4m to charge his credit card in accordance with the general conditions for payment transactions with credit cards.
Invoices are only sent to the user or made available to the user in electronic form as PDF files by email.
5. Access to purchased digital content
Unless otherwise agreed, s4m makes existing products available to the user immediately, but no later than 10 days after the conclusion of the contract. Due to the scope of the Leadership Package, s4m reserves the right to a deliver that product within 20 days. The transmission of digital content takes place in each case by making it available for download.
Unless otherwise stated, digital content is made available for download as PDF documents. In order to display the relevant document, the user needs a compatible PDF reader. We recommend using the Adobe Reader, which is available free of charge for many platforms.
The user can usually only download content once. The user is solely responsible for the storage and adequate backup of the relevant file. s4m is not liable to the user if the digital content acquired by the user is no longer available for a new download.
6. Usage rights
The digital content provided by s4m may be protected under copyright, trademark law and possibly other legal aspects. The corresponding rights remain entirely with the respective rights holders.
s4m offers the provided digital content optionally with a single user license or a multi-user license. In the case of a single-user license, s4m grants the user the simple, non-transferable right of use for the digital content he has acquired to load the digital content onto his computer or other terminal device and to reproduce it for this purpose. In the case of a multi-user license, the user acquires a simple, non-transferable right of use to use the digital content within the entire organization for which the user works. All persons employed by the organization concerned may use the acquired content for the purposes of the organization and for this purpose store and reproduce it on computers and other end devices of the organization. However, the digital content may not be passed on to third parties outside the organization. The user is not entitled to use the digital content acquired by him beyond the use permitted in this granting of rights. In particular, he is not permitted to edit the digital content or to change it in any other way, to convert it, to reproduce it for purposes other than those mentioned, to distribute it, to make it publicly available or to pass it on via the Internet or other data networks, against payment or free of charge. The above regulations apply regardless of whether the purchased digital content is an existing product or a “make to order” product.
The above granting of usage rights is subject to the condition precedent of full payment of the fee agreed for the purchase of the digital content.
In the event that the digital content acquired by him turns out to be defective, the user is entitled to the statutory warranty rights, insofar as no deviating provisions have been made in these General Terms and Conditions. The limitation period for claims based on defects in purchased digital content is one year from delivery of the digital content.
With regard to the content of analysis reports or studies offered, s4m guarantees that the respective analyzes were created in accordance with the analysis methods used by s4m and on the basis of the data and information made available by s4m for the analyzes or publicly available. s4m does not assume any further guarantee for the correctness and completeness of the digital content, in particular s4m does not guarantee the correctness of the data used for analyzes and studies or the factual correctness of the methodology used.
8. s4m liability
s4m is liable for damage to the user in accordance with the statutory provisions,
a) deliberately caused by s4m or its agents or vicarious agents,
b) are the consequence of the non-existence of a guaranteed quality of the service,
c) which are based on a culpable violation of essential contractual obligations,
d) are the result of a culpable injury to health, body or life, or
e) for which liability is provided under the Product Liability Act.
In the event of damage to the user caused by gross negligence, as well as in the event of a merely slightly negligent breach of an essential contractual obligation, s4m’s liability is limited to such damage, the occurrence of which can typically be expected in the context of the provision of the agreed services . This limitation does not apply if damage is the result of injury to health, limb or life or the result of the non-existence of a guaranteed quality of the service.
“Essential contractual obligations” are those contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the user can regularly rely, and whose violation on the other hand would jeopardize the achievement of the contractual purpose.
In addition, the liability of s4m and its vicarious agents is excluded regardless of the legal reason.
If damage to the user results from the loss of data, s4m is liable for this, unless liability is excluded in accordance with the above regulations, only if the damage would not have been avoided by regular backup of all relevant data by the user.
In the context of the use of the offer by the user as well as in the case of the order of digital content by the user, s4m may process personal data of the user. Explanations can be found in s4m’s data protection declaration.
11. Final provisions
Insofar as s4m provides for the transmission of declarations or information to the user in accordance with these General Terms and Conditions, this transmission is generally carried out by email to the email address given by the user when placing his order.
The law of the Federal Republic of Germany applies exclusively to the contract. The application of the UN sales law is excluded.
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with the contractual relationship is Berlin-Mitte.