Terms and conditions of use

Updated on 13 February 2024, 09:09 and effective for all new subscriptions as of this date.

The portal www.kietzee.de is operated and/or provided by

Kietzee UG (haftungsbeschränkt)

represented by the managing directors Lisa Hübner Moreno, Jeffrey Moreno and Hossein Lessan Toussi

Postal address: Kietzee UG (haftungsbeschränkt)

Grünberger Str. 17a

10243 Berlin

Phone: +49 30 3551 4577

Fax: +49 32 2264 13517

E-Mail: hi(at)kietzee.com


The following terms of use and business conditions are the legal basis for the use of the portal offered by Kietzee UG (haftungsbeschränkt).

To access the privacy policy for the use of the portal of Kietzee UG (haftungsbeschränkt), please click here.

General Terms of Use of Kietzee

The General Terms of Use of Kietzee apply to all portals of Kietzee UG (haftungsbeschränkt).

§ 1 Copyright and trademark rights

1.

Please note that the written works, photographs and illustrations, videos and other content published on the portal of Kietzee UG (haftungsbeschränkt) are protected by copyright and may only be reproduced or otherwise used by you if you are permitted to do so in individual cases by the copyright holder or the legal limits of copyright. This content is not subject to a Creative Common license unless one is expressly stated. Linking or quoting is permitted without permission, provided that this is done within the limits of the right to quote according to § 51 UrhG (German Copyright Act). For licensing possibilities of usage rights, please contact Ms. Lisa Hübner Moreno at [email protected].

2.

Please also note that the marks (trademark) of Kietzee UG (haftungsbeschränkt) are subject to the protection of the Trademark Act.

§ 2 Liability of Kietzee UG (haftungsbeschränkt)

1.

Kietzee UG (haftungsbeschränkt) assumes no legal liability for the accuracy, completeness or timeliness of editorial contributions. Please note that within the framework of the portal of Kietzee UG (haftungsbeschränkt) users can post content. Such content cannot be checked by Kietzee UG (haftungsbeschränkt) for correctness and legality and Kietzee UG (haftungsbeschränkt) does not adopt such entries as its own. If you notice any infringing entries of third parties, please contact [email protected].

2.

Kietzee UG (haftungsbeschränkt) will make every effort to keep its services accessible at all times, but does not assume any liability for this. A claim for constant availability does not exist. Kietzee UG (haftungsbeschränkt) reserves the right to terminate or restrict its offer or parts of the offer at any time. For chargeable offers, supplementary provisions apply in each case.

3.

Kietzee UG (haftungsbeschränkt) assumes liability for loss of data of the user or damage to hardware or software of the user only in the case of intent or gross negligence or breach of cardinal obligations. The liability is limited to that damage which is reasonably foreseeable in case of contractual private use by the user.

4.

Prerequisite for the proper use of the services offered by Kietzee UG (haftungsbeschränkt) is that you have access to electronic media that meets the current technical standard. Please inform yourself before concluding the contract whether the hardware and software you use allows the use of the services provided here. 

§ 3 Other provisions

1.

In addition to these General Terms of Use, our Privacy Policy and the laws of the Federal Republic of Germany shall apply to the exclusion of the CISG. Place of performance is Berlin. Contractual languages are German and English. In case of deviations, the German version shall be binding. 

2.

Deviating conditions of the user will not be accepted. Should individual provisions of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by provisions that come as close as possible to the intended meaning of the invalid provision. The same shall apply in the event of any gaps requiring filling.

3.

If the user is a merchant or has his permanent residence abroad, Berlin is agreed as the exclusive place of jurisdiction.

4.

Kietzee UG (haftungsbeschränkt) reserves the right to change its terms of use in the future. For chargeable services, the respective special provisions apply.

5.

The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/. In accordance with § 36 VSBG, we would like to point out that we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in a dispute resolution procedure before a consumer arbitration board.

Terms of use for digital subscriptions

§ 1 Description of the services

The Kietzee digital subscription (Kietzee Club) gives you access to the articles on the Kietzee blog during the subscription period. With your email address and password, you also have access to the Kietzee apps (Kita Tool), partner offers, a private online group and all articles on kietzee.de. 

These services are subject to registration and a fee. When you order a digital subscription, we will send you the order confirmation by email. Our monthly digital subscriptions can be cancelled at any time. Our annual digital subscriptions cannot be canceled for 12 months after the trial subscription period. After termination of the digital subscription, access to paid digital publications is only possible if you have previously saved them on your device.

When you order a subscription, you will also receive the associated newsletter and similar offers by e-mail. You can unsubscribe from newsletters and offer emails at any time via a link in the corresponding newsletter email.

As long as we do not receive a corresponding objection, we will send you newsletters and offer e-mails, even beyond the term of your subscription.

You can find more information about our digital subscriptions and the current prices of these offers here. We reserve the right to adjust the subscription price of our digital subscriptions.

§ 2 Conclusion of contract

1.

To use all or individual digital subscriptions, you must register as a user and enter your desired order data. By clicking on the link provided in the registration e-mail or by entering the user data provided, you activate your access. We will immediately send you a confirmation of receipt by e-mail with your access and contract data as well as details of your right of cancellation. The contract is concluded upon receipt of this e-mail by you.

2.

Trial subscription

The trial subscription offered by Kietzee UG (haftungsbeschränkt) is intended to give you the opportunity to get to know our product at your leisure. The trial subscription lasts for 7 days from the time of signup. Access to our services remains for the full 7 days even if you send in your cancellation before the 7 days are up. If you decide to take advantage of this offer, you will conclude a subscription with an indefinite term (for the termination of the contract, see section 5). Kietzee UG (haftungsbeschränkt) expressly reserves the right to exclude consumers who repeatedly conclude these offers. 

3.

In the event of impossibility of delivery due to force majeure (including strikes and lockouts), the performance obligations of the customer and seller shall be suspended for the duration of the delivery disruption. After the end of the delivery disruption, the contractual relationship shall be continued as usual.

4. 

Support and billing of the digital subscription is carried out by Kietzee UG (haftungsbeschränkt).

§ 3 Right of revocation

If you conclude the contract as a consumer, you have the following statutory right of withdrawal:

1. Cancellation policy

Right of withdrawal

You have the right to cancel the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must contact us (Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. 

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. 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 any fees because of this repayment.

End of the cancellation policy

2. Sample cancellation form

If you want to revoke the contract, please use the template below and send it to:

Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com.

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of paper communication)

Date

------------

(*) Delete as applicable. 

§ 4 Payment

The fee is to be paid by the user according to the agreed order data by credit card (including VISA, MasterCard). 

§ 5 Termination of contract

1.

Unless otherwise agreed, monthly digital subscriptions shall run for an indefinite period. Annual digital subscriptions turn into a monthly digital subscription after 12 months. Unless Billing shall take place according to the respective agreed billing cycle. You may terminate your digital subscription contract at any time at the end of the respective billing cycle. The termination must be declared in writing or in text form (e.g. e-mail). Please send it to Kietzee UG (haftungsbeschränkt), Grünberger Str. 17a, 10243 Berlin. Fax: +49 32 2264 13517, e-mail: hi(at)kietzee.com.

§ 6 Private Use

1.

As a private user, you may only use the contents of the Digital Offer for personal, non-commercial use. Use for business or professional purposes in the exercise of or in connection with a business activity or use by companies of any private or public legal form, including sole proprietorships, associations, foundations, corporations and institutions under public law, public authorities and courts (hereinafter: companies) via a private user account is not permitted.

2.

The right to private use of the content is limited to the person of the registered user, who may use the content on up to five end devices.

§ 7 Business use

1.

As a non-private user, the contents of the offer may only be used for own professional and business purposes.

2.

The right to use the contents for business purposes is limited to the business of a company registered as a user. Use by other establishments of a company or affiliated companies is not permitted. Content may be used on up to five end devices, whereby each end device must be permanently assigned to an employee of the company. Use by other persons is not permitted.

§ 8 Sharing of content

1. As a user you are not entitled, except for the rights according to § 6 and § 7, to pass on content in whole or in part to third parties, to digitize it or to use it, regardless of the carrier medium and the technical design, in third party storage media. Reproduction (e.g. archiving or printing), public reproduction (e.g. public presentation, making available to the public, broadcasting and physical transmission) outside the private sphere are not permitted, regardless of whether this is done in return for payment or free of charge.

2. Illegal web scraping It is expressly forbidden to carry out any form of extraction and collection of data from Kietzee's websites, whether automated or not, using specialized software, bots or any other device aimed at carrying out, in particular, "web scraping" of the available data of users or copying and pasting information relating to Kietzee's services. Any person carrying out such activities may be sanctioned by the Company.

§ 9 Other provisions

In addition, the General Terms of Use of Kietzee listed above apply. In the future, you will also receive similar offers from us at the e-mail address you provided during registration. You can object to this at any time, for example by sending an e-mail to: hi(at)kietzee.de.

Terms of use for rating and recommendation system

1

On Kietzee, parents and guardians have the opportunity to leave reviews of daycare centers in Berlin. The rating left by a parent or guardian can be visible to other parents or guardians on the daycare center's listing on Kietzee.

2

Reviews and recommendations must reflect objective considerations and may under no circumstances contain exaggerated or offensive elements. Should this be the case, the company reserves the right not to publish such reviews or recommendations or to remove them retroactively.

Terms of use for Kietzee Guides

§ 1 Terms of registration for Kietzee Guides

1.

In order to be registered as a guide on the Kietzee platform and to be visible to other users, the guide must provide complete information and upload a current photo. The freelancer is also obliged to inform Kietzee regularly of any changes to his account. Furthermore, all prices listed by the guides include VAT, unless the guide makes use of the small business regulation.

As this is a local platform, the Guide must specify and maintain the place of performance as the place where he is registered or has his usual place of residence. This does not apply to services that can also be provided online.

2.

Guides established abroad must also comply with all obligations incumbent on them under the legislation applicable to them in their country of residence and with the obligations arising from their use of the Kietzee platform.

3.

With regard to the liberal professions for which the exercise of the Freelancer's activity is subject to the fulfillment of access criteria or practice conditions that are the subject of government regulations (regulated professions), the Freelancer assures (i) to have the right to exercise the profession to which he/she refers and (ii) to have the right to carry out the projects that are submitted to him/her via the Portal.

4.

If the User provides false, inaccurate, outdated or incomplete data, the Company is entitled to suspend or close his/her account and to deny him/her access to all or part of the Services.

5 Liability

Kietzee shall not be liable for any damages resulting from the breach of the Guide's obligations.

6. Data protection

The Guide acts on the instructions of the Client with regard to the processing of the Client's personal data.

Liability of the company

§ 1

1

The Company shall use all means at its disposal to ensure access to and proper operation of the Portal and its Services 24 hours a day, 7 days a week. However, given the constraints inherent in the Internet, the Company cannot rule out the possibility that access to and operation of the Portal and the Services may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, disruption of the User's Internet access and maintenance work to improve the Portal and the Services.

Consequently, the Company cannot be held liable for any voluntary or involuntary interruption of the Services, unless otherwise provided for by mandatory national law. However, the Company undertakes to make every effort to minimize interruptions attributable to it.

2

The Company enables users to contact Guides. The Company's responsibility is limited to the provision of this contact as described in the terms and conditions.

In particular, the Company accepts no responsibility for the frequency with which Guides' profiles are displayed on the Portal.

The Company and the User are independent parties, each acting in its own name and for its own account.

The Company does not enter into contracts in the name and/or on behalf of a Guide or a User, as they contract with each other through direct channels.

Consequently, under no circumstances can the Company be considered an employee/employer or agent of a User.

The Company is in no way involved in the contracts for a project that are concluded between Guides and Users. Nor is the Company responsible for resolving any problems or difficulties that may arise at any time during the execution and/or completion of said projects.

In this sense, the Company shall not be liable for the cancellation of payments or the revocation of direct debit authorizations at the sole initiative of the User, nor for the consequences that may result therefrom.

3

The Company shall use all means at its disposal to ensure the content and validity of the information transmitted by Guides on the Portal, provided that they are located in a country where Kietzee is represented by a legal entity. However, under no circumstances may the Company be held liable for any breach of the obligations incumbent on Guides, in particular in the context of the fight against undeclared work and compliance with transparency regulations, nor for any damage that may result therefrom.

Thus, the company cannot be held liable for incorrect, misleading or outdated information provided to it by a guide.

Intellectual property

1 The Portal

The Portal and all of its components, including but not limited to text, images, videos, photographs, trademarks, logos, business names and designations and domain names are the exclusive property of the Company or its partners.

These elements are protected by intellectual property laws and other laws, in particular copyright laws.

Any total or partial reproduction or representation of the Marketplace or any of its components without the express authorization of the Company is prohibited and constitutes an infringement punishable by applicable law.

2 The content

Each user who publishes content on the marketplace remains the sole owner of all content that he publishes.

By creating a profile or leaving recommendations on the profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and publish this public content on the Portal, on social networks, on the blogs operated by the latter and/or on any other media (in particular physical and digital supports, press kits), the blogs operated by the latter and/or on any other media (in particular physical and digital supports, press kits, commercial supports, promotional and/or advertising material), by any means, for the purpose of using, improving, promoting, marketing, advertising the Services and the Portal or for the purpose of establishing partnerships. This permission applies worldwide and for the entire duration of the user's registration.

The User acknowledges that any use of his content by the Company that occurred prior to his deregistration, deletion or termination of his account cannot be challenged.

Terms of use for Kietzee Events

§ 1 Subject matter of the contract

  1. Kietzee allows users to find out about activities in the leisure sector. In particular, these are activities (courses, excursions, leisure activities, etc.) for children, parents and families. Providers from these areas ("partners") publish their activities on Kietzee on a profile with a description of the service offered. Furthermore, Kietzee publishes events for paying Kietzee members that are offered by Kietzee or Kietzee Ambassadors.

  2. Furthermore, Kietzee offers the user the possibility to contact the partner via links or email.

  3. The use of Kietzee Events is free of charge for users. Participation in partner activities may be subject to a fee. The prices are determined exclusively by the partners. With regard to these activities, only the partner is the contractual partner of the user. Only the partner is responsible for the content description of the activity and its implementation. Kietzee has no influence on this. The User therefore only has a claim for a booked service against the Partner, but not against Kietzee.

  4. Participation in Kietzee events is generally free of charge for Kietzee members (including those in the free trial phase), unless otherwise stated. For Kietzee Meetups that are held in a café or restaurant, the members themselves pay for any food or drinks they consume.

  5. If you participate in special offers (discounts, promotions, etc.) via Kietzee, separate contractual provisions may apply in addition to the terms and conditions. In the event of deviations from the terms and conditions, these separate provisions shall take precedence.

§ 2 Responsibility for content and links / exemption from liability

  1. We neither monitor the transmitted or stored information nor do we search for potentially illegal content. Nor do we commit to do so.

  2. You indemnify us against any claims asserted against us by third parties due to a breach of law or duty committed by you, unless you are not responsible for the breach of duty. This includes in particular the posting of reviews in breach of law or contract. In this case, reasonable costs of legal defense (in particular lawyer's fees) that we have demonstrably incurred as a result of your misconduct shall also be reimbursed.

§ 3 Liability of Kietzee

  1. Kietzee is at no time obliged to provide the services offered by the partners and consequently does not assume any guarantee for the provision, freedom from defects or quality of these services. The service descriptions listed in the profile are those of the respective partner and may occasionally deviate from the actual service content offered by the partner. Kietzee does not adopt these service descriptions as its own.

  2. Liability for third-party fault and for any interruption in the availability of kietzee.de and kietzee.com for which we are not responsible is excluded.

  3. Kietzee is liable without limitation for

    1. claims for damages arising from injury to life, body and health, rights and claims in the event of fraudulent concealment of a defect by Kietzee or due to the absence of a quality for which Kietzee has assumed a guarantee, and

    2. claims and rights based on intentional or grossly negligent behavior by Kietzee itself, our legal representatives or vicarious agents, as well as for claims under the Product Liability Act.

  4. Otherwise, Kietzee shall only be liable for slightly negligent damage in the event of a breach of material obligations (cardinal obligations), i.e. obligations whose fulfillment is necessary to achieve the purpose of the contract or on whose compliance the contractual partner may regularly rely. In the event of a breach of cardinal obligations, our liability shall be limited to compensation for typical damage that was foreseeable for us at the time the contract was concluded. Otherwise, Kietzee shall not be liable for damages caused by slight or simple negligence.

  5. Insofar as Kietzee's liability is excluded or limited, this exclusion or limitation shall also extend to the personal liability of employees, legal representatives or vicarious agents of Kietzee.

§ 4 Liability of the partner

  1. The contractual relationship between you and the partner is subject to the statutory warranty rights.

  2. The respective partner is liable without limitation for

    1. Claims arising from injury to life, limb and health, rights and claims in the event of fraudulent concealment of a defect by the Partner or due to the absence of a quality for which the Partner has assumed a guarantee, and,

    2. claims and rights based on intentional or grossly negligent conduct on the part of the Partner itself, its legal representatives or vicarious agents and for claims under the Product Liability Act.

  3. Otherwise, the Partner shall only be liable for damage caused by slight negligence in the event of a breach of material obligations (cardinal obligations), i.e. obligations whose fulfillment is necessary to achieve the purpose of the contract or on whose compliance you may regularly rely. In the event of a breach of cardinal obligations, liability shall be limited to compensation for typical damage foreseeable by the Partner at the time the contract was concluded. Otherwise, the Partner shall not be liable for damages caused by slight or simple negligence.

  4. Insofar as the Partner's liability is excluded or limited, this exclusion or limitation shall also extend to the personal liability of employees, legal representatives or vicarious agents of the Partner.