General Terms and Conditions For End Users

The following General Terms and Conditions of Business and Use for End Users (hereinafter referred to as “GTC”) apply to the “ASK HELMUT” platform, which is available under https://askhelmut.com/, via IOS and Android applications and under other “ASK HELMUT” top-level domains of ASK HELMUT GmbH, Boxhagener Str. 112, 10245 Berlin (“we”, “us” or “ASK HELMUT” in the following).

1. General

1.1

ASK HELMUT enables end users to find events from the fields of stage, music, art and film. ASK HELMUT operates a database for events accessible via the Internet, a mobile application and a browser-based website for end users.

1.2

ASK HELMUT merely provides the technical requirements for the transmission of information (events) in the form of databases. ASK HELMUT is not itself the organizer or owner of the events (events, locations and event dates). The offers with costs offered by organizers via links are merely mediated, not offered by ASK HELMUT.

2. Definitions

2.1

“Organizers” are natural or legal persons who use the ASK HELMUT platform to make events offered, carried out or promoted by them accessible and known to users via the ASK HELMUT application.

2.2

“End users” or “users” are natural persons to whom the ASK HELMUT application is adressed and who are to find the respective events of the organizers using the ASK HELMUT application.

2.3

“Platform” is the internet platform operated by ASK HELMUT and the associated ASK HELMUT application, which enables users to find and discover events.

3. Service Description

3.1

Users can use the platform to display events in the fields of stage, music, art and film with the respective details (e.g. time, location, entrance fees, cast, description etc.) on the respective event page. Users can also view information about the venue and the organiser.

3.2

Users get their own profiles, which can be used to publicly indicate whether users like an event (so-called “Favorite”). Users can add events to a list of personal favorites, share events with other users via their Twitter, Facebook and Whatsapp profiles, or invite friends to the event by email. They can also follow other users, organizers and venues (“Follow”).

3.3

Users can search for events via

  • the narrowing down to sections
  • Keyword search
  • Place and time
  • the indication of favorite locations
  • other users

3.4

Via the menu item Places/Programs users can

  • Browse through the available venues and programmes (organizers)
  • see how many users follow an organizer
  • follow places/ programs

3.5

In an ASK HELMUT profile, other users can see:

  • which programs/locations the user follows;
  • which members the user follows and which members follow him;
  • which events the user has indicated as a favorite

3.6

ASK HELMUT makes every reasonable effort to make the platform available without interruption. The use of ASK HELMUT may be restricted or interrupted due to faults in data and telephone networks, maintenance work on and further development of the platform and other faults. In the worst case this can lead to the loss of user data. ASK HELMUT cannot assume any liability for these incidents outside ASK HELMUT's area of responsibility. Please ensure sufficient backup of your data.

3.7

ASK HELMUT is constantly striving to improve the platform and is therefore entitled to change applications, add new applications or remove applications or restrict access to applications. In particular, ASK HELMUT is entitled to terminate access to third-party applications or services (e.g. Facebook) at any time. If ASK HELMUT terminates an application of the platform, access to an application or a service of a third party, users will be informed of this as early as possible.

4. Widget

4.1

ASK HELMUT provides content creators and users (collectively: “widget users”) with an embeddable version of events (“widget” or “ASK HELMUT widget”) for integration into users' own pages, third-party pages or profiles on social networks.

4.2

By embedding the ASK HELMUT widget, the user agrees that ASK HELMUT may collect and use data collected via the ASK HELMUT widget in accordance with ASK HELMUT's Privacy Policy, including data submitted by Google Analytics. In this connection, the user undertakes to fully disclose this to its end users. The user agrees to the use of cookies and other technologies (uniformly: “cookies”) to optimize the ASK HELMUTS widget and acknowledges that ASK HELMUT may place cookies in the end user‘s browser in the process.

4.3

The user undertakes in particular, not to circumvent any data protection regulations or mechanisms of ASK HELMUT, its website or third parties (e.g. opt-outs); not to use any contents or data, in particular those of ASK HELMUT, in any way commercially; to immediately and completely delete contents of ASK HELMUT which were collected due to an unauthorized use of the ASK HELMUT widget. This also applies in the event of a violation of these regulations; to make a privacy statement to the end user. Access, use, processing and disclosure of ASK HELMUT user data may not (i) contradict these GTC; (ii) any license agreements of the user; (iii) the user's data protection declaration; or (iv) the applicable laws and regulations; to fully and correctly disclose the privacy policy to its end users. The user must inform the end user, that the collection and use of his data is in accordance with his data protection declaration; which data is collected; how data is collected and used; that cookies are used that third parties are also permitted to use cookies in the browser of the end user; that the end user can prevent the use of cookies in his browser settings.

5. User profiles and registration

5.1

In order to use the services described under 3., users must register. Users are obliged to provide ASK HELMUT with accurate and complete information with registration and to keep this information up to date. During registration, the user is given a password which he can change at any time and must treat confidentially in order to protect his user profile against unauthorized use by third parties. The browser version allows users to use some of the services described in 3. without registering.

5.2

Users may only register if they are of legal age.

5.3

ASK HELMUT is entitled to delete user profiles immediately if they were created in violation of the obligations under 5.1 and 5.2.

6. Settings by the user

Users can make the following settings:

  • Log in and log out;
  • Change user name;
  • Specify and change real names;
  • Enter and change your email address;
  • Change password;
  • Set or cancel email notifications informing about upcoming events;
  • Set or cancel email notifications informing about news from ASK HELMUT;
  • Allow or stop sharing events favorites on Facebook;
  • Allow or terminate the automatic confirmation of participation in a Facebook event (RSVP) linked to an ASK HELMUT event;
  • Automatically import events that a user attends, import into the calendar, or end this automatic import;
  • Set or cancel reminders for events;
  • Order and cancel offers that are tailored to the interests of the user.

7. Content of the platform

7.1

The content displayed on the platform originates from organizers and partners and is not checked by ASK HELMUT. The respective organizers are solely responsible for the content posted by the organizers and ASK HELMUT assumes no responsibility and liability for the legality, correctness and completeness of the content posted by the organizers. This also applies to content in or on linked services.

7.2

Third-party services, such as Facebook, can be made available to users via the platform via a link or a frame ("linked services"). Linked services include applications, websites, desktop, radio, mobile and other services that are provided by third parties and can be used by users via the platform or connected to the user's ASK HELMUT profile. Linked services may access ASK HELMUT profile information, friends and/or other content and exchange activities between ASK HELMUT and the linked service (depending on the features offered by the linked service). Details can be found in the ASK HELMUT Privacy Policy (https://askhelmut.com/privacy). If the user wishes to use linked services, ASK HELMUT points out to him that these are third-party services which are not subject to these GTC and are not controlled by ASK HELMUT. If the user uses a linked service, the user may be able to use the data uploaded to ASK HELMUT in the linked service and possibly release it to third parties. ASK HELMUT accepts no liability and makes no warranties with regard to linked services and their providers.

8. Use of the platform

8.1

The use of the platform is free of charge for the user.

8.2

ASK HELMUT grants the user the right to use the ASK HELMUT platform in accordance with the GTC listed here. Furthermore, the user is not entitled to use the software contained in the platform, in particular to copy, modify, distribute, sell or rent it.

8.3

From time to time ASK HELMUT will update the platform software. This can also be done automatically on the device on which the user has installed the ASK HELMUT application. The user agrees to this update.

9. Termination

9.1

The user agreement between ASK HELMUT and the user is concluded for an indefinite period. ASK HELMUT and users may terminate the user contract at any time with 14 days' notice.

9.2

The right to extraordinary termination for an important reason remains unaffected for both parties.

9.3

An important reason for termination is in particular, but not exclusively, the provision of incomplete or incorrect information during registration by the user.

10. Liability of ASK HELMUT

10.1

With the exception of the contents, which are expressly marked as own, all contents in the application and database originate from the organizers and are not checked by ASK HELMUT. The organizers are solely responsible for the content posted by the organizers and ASK HELMUT accepts no liability for the legality, correctness and completeness of the content posted by the organizers.

10.2

ASK HELMUT shall only be liable for damage - irrespective of the legal basis - if the damage
a) has been caused by culpable breach of an essential contractual obligation (an obligation without the fulfilment of which the achievement of the purpose of the contract is endangered)
or
b) is attributable to gross negligence or intent on the part of ASK HELMUT.

10.3

In the event of liability on the part of ASK HELMUT for the violation of an essential contractual obligation, without gross negligence or intent being present, liability shall be limited to the damages which ASK HELMUT would typically have had to expect to arise as a result of the circumstances known to it at that time. This also applies to damages caused by gross negligence or intent on the part of ASK HELMUT employees who are not part of its management or executive staff.

10.4

Liability for consequential damage, in particular loss of profit or compensation for damage suffered by third parties, is excluded unless ASK HELMUT is guilty of intent or gross negligence.

10.5

ASK HELMUT provides its services within the scope of existing technical and operational possibilities. Liability for performance disruptions due to force majeure or other external events which render performance impossible or unreasonably difficult for ASK HELMUT temporarily or permanently shall be excluded, unless ASK HELMUT acts grossly negligent or intentionally. Events in the aforementioned sense include technical failures at other operators of telecommunications equipment, transmission paths or networks, power failures and natural disasters.

10.6

Claims for damages according to the Product Liability Act and damages from injury to life, body or health remain unaffected by the above limitations of liability.

11. Changes to the GTC

ASK HELMUT reserves the right to amend these General Terms and Conditions by deletions, replacements or additions, for example due to technical development. In such a case, ASK HELMUT shall notify its contractual partners of any changes to its terms and conditions. Every user has the right to comment within a period of 14 days from receipt of the notice whether he agrees to the changed conditions. If ASK HELMUT does not receive a declaration within this period, consent to the amended conditions shall be deemed to have been granted. However, this shall not apply if ASK HELMUT, when referring to the change of its conditions, has not at the same time specifically pointed out to the participant the importance of his silence during the deadline run.

12. Data protection

12.1

ASK HELMUT complies with the provisions of data protection law. Further information can be found in the data protection declaration under https://askhelmut.com/privacy.

12.2

If you have any questions or complaints, please contact our data protection officer at [email protected].

13. Final provisions

13.1

Changes, amendments and termination of this contract must be made in writing. This also applies to the amendment of this written form requirement. The text form is sufficient for this. No ancillary agreements to this contract have been made.

13.2

The law of the Federal Republic of Germany applies to the exclusion of international private law and UN sales law.

13.3

Place of fulfilment is Berlin.

13.4

Place of jurisdiction for all disputes arising from this contract and its validity is, insofar as contractually agreed, Berlin.

13.5

Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. Instead of the invalid provision, the parties undertake to agree on a provision that comes as close as possible to what the parties would have wanted, taking into account economic aspects. The same applies in the event that any amendments to the agreement become necessary.