Terms and Conditions:
General Terms and Conditions of New2 GmbH
These General Terms and Conditions (hereinafter referred to as "GTC") regulate the use of the online platform "New2". The operator of the online platform is New2 GmbH (hereinafter referred to as "New2"), further details can be found in our imprint. These GTC apply regardless of the system or device on which New2 is run and come into force on 01.08.2021. For the use of the electronic payment system Stripe the Stripe terms and conditions apply.
1.1 "User" means persons registered on the online platform New2 who use New2. Customers who are offering their services on the online platform New2 are referred to as "clients". “Users” who agree in using the services offered by the clients are referred to as "contractors".
1.2 "Contract" means the contract concluded between the client and User and New2 platform for the provision of a service.
2.1 In order to be able to fully use New2, registration as a user is required. For this purpose, the necessary data, which can be seen from the respective input fields, must be entered completely, truthfully and without infringing the rights of third parties. Due to the relationship of trust required for cooperation on the New2 platform, it is necessary to verify the identity of the user during registration. Should the entered data change subsequently, the user is obliged to update it immediately. New2 is entitled to reject the registration without giving reasons. Upon successful registration, the user will receive an e-mail confirming the registration and giving details of the registration. After receipt of this e-mail and confirmation of the link contained therein, the user shall be entitled to make full use of the New2 platform in compliance with these GTC.
2.2 In order to register you must be of legal age and have unlimited legal capacity and be resident in Germany or India. Registration is only open to natural persons.
3. Mediation service
3.1 New2 provides a platform for information as well as for the mediation of several kinds of services. New2 undertakes a professional research on all articles. Nevertheless New2 cannot accept any liability for the content and for third party services on its platforms.
3.2 New2 merely provides the platform for the mediation of services, but is not involved in the orders mediated via the platform either as a contractual party or as a representative, vicarious agent or similar.
4. Terms of payment and agency fee
4.1 In order to place orders, Users must open an account with the payment service provider Stripe (hereinafter "E-Wallet"). Payments for the provision of orders are processed via the e-wallet. The Stripe terms and conditions apply in addition to the e-wallet and the payments processed via it.
4.2 New2 shall receive a fee for the placement of orders through Users of the platform.
4.3 As New2 has fully performed the mediation service owed after acceptance of the offer by the Client, in the event of a subsequent cancellation New2 shall in no case refund the mediation fee. New2 reserves the right to refund the agency fee after an appropriate individual case examination.
5. Lawful use
5.1 The Contractor shall perform the order vis-à-vis the Client to the best of its knowledge and belief and with due care. In particular, the Contractor shall show consideration for the Client's legal interests in the performance of the order and shall be obliged not to violate these GTC, statutory provisions and the rights of third parties.
5.2 The use of New2 may not violate these GTC, legal provisions, morality or the rights of third parties. In particular, the following must be observed:
No unsolicited mass mailings, e-mail, SMS advertisements or other disturbing or harmful content may be distributed.
Without the express written consent of New2, content and user data may not be reproduced, made publicly accessible, disseminated, edited or otherwise used in any way.
It is not allowed to call for the commission of criminal offences. This also applies to corresponding acts of preparation and support.
Users are obliged to comply with legal requirements that apply to the provision and remuneration of certain services.
The statutory provisions to combat illegal employment must be observed and the creation and acceptance of orders that violate these provisions is prohibited. This also applies to the use of the New2 platform for corresponding preparatory actions.
Sex services and comparable activities may not be offered, used, brokered or otherwise made available via the New2 platform.
5.3 The users are obliged to comply with tax law, trade law, social law and other legal requirements and to comply with legal obligations to provide information.
5.4 The contents posted by the users on New2 must not violate these GTC, legal provisions, morality or the rights of third parties. Therefore, please check whether you have the necessary rights before posting content.
5.5 New2 does not procure employees for the provision of work services.
5.6 The access data to New2 must be treated confidentially and may not be made available to third parties.
5.7 Orders placed with New2 may not be concluded with clients by circumventing the New2 platform. This does not apply if the prohibition of circumvention is unreasonable for users. Unreasonableness may result from a concrete danger to life, limb or property.
5.9 In the event of a violation of these GTC, legal regulations, morality or the rights of third parties, New2 shall be entitled, among other things, to notify the User concerned of the violation, to block individual services or orders, to block the User's account temporarily or permanently or to take other appropriate measures, such as referring the matter to the public prosecutor's office.
6.1 The client and the user have the opportunity to evaluate each other after the execution of the order or other completion of the order.
6.2 The evaluations must be factual and truthful and may not contain any insults or other content that violates legal regulations or morality. Violations may lead to the complete or partial deletion of the rating, to the blocking of the user as well as to further appropriate measures.
7.1 The orders and other contents published by users in the New2 do not reflect the opinion of New2 and are not checked by New2 for their legality, correctness and completeness. New2 does not guarantee the accuracy and completeness of the orders and other content published on New2, nor does it guarantee the quality, safety or legality of the services offered or provided by users.
7.2 Claims for damages by the user are excluded. Excluded from this are claims for damages by the User arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by New2, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
7.3 In the event of a breach of material contractual obligations New2 shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the User's claims for damages arise from injury to life, limb or health.
7.4 The limitations in No. 7.2 and 7.3 shall also apply to the benefit of New2's legal representatives and vicarious agents if claims are asserted directly against them.
7.5 The limitations of liability resulting from No. 8.2 and 8.3 shall not apply insofar as New2 has fraudulently concealed the defect or has assumed a guarantee for the quality of an item. The same shall apply insofar as the Supplier and the Customer have reached an agreement on the quality of an item. The provisions of the Product Liability Act remain unaffected.
7.6 Liability between the Supplier and the Customer shall be governed by the statutory provisions. New2 only provides mediation services and is not liable for the users of the platform.
8 Amendment of the GTC and availability of the platform
8.1 New2 shall be entitled to amend provisions of these GTC which do not lead to or affect a material change in the contractual structure at any time and without stating reasons, provided that such amendment does not lead to a change in the contractual structure as a whole. The essential provisions of the contract structure include, in particular, provisions relating to the type and scope of the contractually agreed services, the term and termination of the contract. In addition, New2 shall be entitled to amend or supplement these GTC if this is necessary to eliminate difficulties in the performance of the contract due to regulatory gaps which have arisen after the conclusion of the contract. The amended terms and conditions shall be sent to the users by e-mail at least six weeks before they come into force. The amendments shall be deemed to have been approved if they are not objected to in text form. The objection must be received by us within six weeks after receipt of the notification of the amended terms. New2 shall make special reference to this possibility of objection and the significance of the six-week period in the notification of the amended terms and conditions. If a User exercises his right of objection, the proposed amendment shall be deemed to have been rejected. The contract shall then be continued without the proposed changes. In the event of an objection, the Users and New2 shall have the right to terminate. Termination may not be effected if it would unreasonably prejudice the contractual interests of the users.
8.2 The users shall be responsible for setting up and maintaining the internet access necessary for the use of New2. During the use of New2 data and connection fees may be charged by mobile network operators, for which the respective user is responsible. Users are responsible for obtaining and updating the compatible hardware and equipment required for the use of New2 as well as for corresponding updates. New2 does not warrant that New2 or any part thereof will function on the relevant hardware or devices. In addition, New2 may experience interruptions and delays in the use of New2 due to the use of the internet and electronic communications. New2 endeavours to ensure the best possible availability of its services and to remedy faults as quickly as possible. In addition, please note that New2 neither represents nor warrants that access to or use of its services will be uninterrupted or error-free. Temporary interruptions or errors may occur in particular for reasons of force majeure or due to maintenance and modernisation measures. In addition, New2's services may be subject to limitations, delays and other problems characteristic of the use of the Internet and electronic communications.
9. Term and termination of the contract
9.1 The contract with the User is concluded for an indefinite period. It shall come into force upon receipt by the user of the registration confirmation e-mail.
9.2 After completion of all open orders, the user is entitled to terminate this contract at any time without notice (by deleting the user profile or by sending an e-mail to [email protected]).
9.3 Subject to other provisions in these GTC, New2 may terminate the contract with the user with a notice period of 14 days.
9.4 Payment claims or contractual relationships concluded prior to termination shall not be affected by termination. If a User still has a credit balance on his/her E-Wallet in the event of termination, this shall be paid out to a bank account.
9.5 In the event of a termination by New2 the User may only re-register on the platform with the express consent of New2.
9.6 The right to terminate the contract for good cause remains unaffected.
10. Instruction about the right of withdrawal for consumers
If you use the New2 as a consumer and conclude contracts for chargeable services with New2, you have a legal right of withdrawal, which New2 informs you about as follows. The same applies with regard to an order concluded via the New2 platform, provided that the order was concluded by you as a consumer with an entrepreneur.
Right of withdrawal
You have the right to cancel this 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 inform us (New2 GmbH, c/o Stephan Ottenbruch, Grillparzerstr. 3, 12163 Berlin, [email protected] ) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of 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 notification of your withdrawal from 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 for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The right of withdrawal does not apply to contracts for the provision of services in connection withleisure activities if the contract provides for a specific date or period of performance.specific date or period for the provision.
Your right of withdrawal expires prematurely if the service owed has been fully performed and the performance of the service has only begun after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To New2 GmbH, c/o Stephan Ottenbruch, Grillparzerstr. 3, 12163 Berlin, [email protected]
- 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 consumer(s) (only in case of paper communication)
---(*) Delete where inapplicable.
11 Final provisions
11.1 There are no ancillary provisions outside these GTC. Amendments or supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.
11.2 The possible invalidity of individual provisions of the contract shall not affect the validity of the remaining content of the contract. If, in the course of the practical implementation of this contract, gaps arise which the parties did not foresee, or if the invalidity of a provision is established in a legally binding manner or by both parties in agreement, they undertake to fill or replace this gap or invalid provision in a factually appropriate manner oriented to the economic purpose of the contract.
11.3 These GTC shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).11.4 For users who are merchants, legal entities under public law or special funds under public law, the registered office of New2 in Berlin is agreed as the place of jurisdiction.