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eBlocker General Terms and Conditions

I. General

1. These General Terms and Conditions apply to the use of this website and the work and services provided by us through the website. We herewith reject any differing conditions or contractual offers of the user. Additional or differing regulations agreed to separately may apply to individual services or functions.

2. “We” or “eBlocker” and the operator of the website is eBlocker GmbH, Kaiser-Wilhelm-Str. 47, 20355 Hamburg, Germany.

3. “User” respectively “customer” or “you” within the meaning of these contractual provisions is whoever uses this website and the services provided thereby, or whoever acquires our products.

II. Description of Services

1. We offer products and services to increase privacy and ensure more fun and security when using the Internet. This requires special technical software (the availability of compatible hardware is a prerequisite) that prevents the transmission of online advertising and the collection of user data when viewing websites on the Internet by other devices respectively connected to the Internet.

2. We are responsible for providing the agreed services to the user subject to an express written agreement; however, we are not responsible for any realization of a particular commercial success over and above the contractual service. In addition, we endeavour to continuously further develop and optimize our software and hardware. However, our contractual service does not mean that all online advertising and all user data can actually be filtered or blocked with our products.

3. Please note that the use of websites and their representation on users’ end devices may be influenced by the use of our products. By installing and using eBlocker products the user expressly agrees thereto.

4. For more security and to remain up to date, we offer new versions of our software and new filter definitions at irregular intervals. Access to product updates requires an agreement covering the provision of software updates and filter lists (update service).

5. We provide product support solely via our website. In addition, we provide product documentation in electronic form.

III. Registration and Termination

1. User registration is required to use the full functionality of this website as well as to download and use our products. Natural persons with full legal capacity and legally competent companies may register. Registration requires a user account to be set up and the provision of consent to these Terms of Use and Terms and Conditions.

2. The use agreement for services requiring registration comes into effect upon confirmation of registration. Confirmation is effected by us sending you a confirmation email and the user activating the user account. There is no entitlement to the conclusion of a use agreement. User accounts are not transferable and may not be provided to third parties for use.

3. Users shall provide true and (to the extent required for registration) complete data when registering. We reserve the right to check the correctness of the registration by legally admissible means. Users are obligated to update their registration information promptly should there be any changes.

4. Users may terminate the agreement regarding the use of this website at any time in writing or by email by sending a notice of termination to the email address designated in the provider’s data (Imprint). Should contracts on remuneration-based services be provided via this website, the termination shall only become effective at the end of all agreements concerning these remuneration-based services.

5. We are entitled to delete the relevant user account and all the content thereof upon termination of the use agreement.

6. We have the right to terminate the use agreement without notice if there is good cause for termination. Good cause shall, in particular, be deemed to exist if a user culpably in a significant manner or repeatedly violates these contractual provisions or other legal regulations. Violations by third parties acting on behalf of a user shall be considered equivalent to such violations.

7. We are entitled to block users whose accounts have been terminated for good cause from using our services again. We may store the data required for this block for a period of maximum one year from the end of the use agreement.

IV. Conclusion of Contract

1. The user may select products from our offers and pool them in a so-called shopping cart using the “Add to shopping cart” button. The user submits a binding application to acquire the products in the shopping cart by pressing the “Order with obligation to pay” button.

2. Before sending the order, the user can change and view the input data and correct input errors at any time. The user may only transmit his contractual offer after having accepted these General Terms and Conditions of Business.

3. We shall send an automatic confirmation of receipt by email in which the user’s order is again detailed, which the customer can print out using the “Print” function in his email program. The automatic confirmation of receipt only documents that the user’s order has been received by us and does not constitute an acceptance of the application.

4. The contract is only formed once our acceptance declaration sent in a separate email is submitted. The issue of an invoice to the user for the goods ordered by the user replaces the acceptance declaration. In addition, we may replace the acceptance declaration by executing the order within 5 days from receipt of the order. Should there be multiple acceptance variants as mentioned above, the contract shall be concluded with the event that occurs first. In all cases, the customer shall receive a confirmation of contract in written form in accordance with the legal regulations.

5. Should the customer not receive an acceptance declaration, invoice or notification of delivery and/or not have received any goods within 5 days, the customer shall no longer be bound to his order. In this case, we shall refund the user for any payments already made without delay.

6. The subject of the delivery or service shall be the goods and/or services offered by us and ordered by the user. Unless expressly designated otherwise in the respective offer, models and prices relate to the item on offer, however, not to any accessories or decorations pictured therewith.

7. Should we not be in a position to deliver the goods ordered due to circumstances beyond our control and despite making all reasonable efforts to do so, as our supplier does not fulfil its contractual obligations to us, we shall be entitled to withdraw from the contract. However, this right of withdrawal shall only come into effect if we have concluded a corresponding supply agreement (binding, timely and adequate ordering of goods) with the relevant supplier and are also not responsible for the non-delivery in any way. In such a case, we shall inform the user without delay that the ordered goods are not available. We shall refund without delay any consideration paid by the user to date.

8. German and English shall be available as contractual languages.

V. Data Privacy and Data Security

1. We observe the privacy of our users and comply with the applicable data privacy provisions. Personal data are solely used to the required extent to provide our services. We shall obtain the consent of the user prior to using the data in any other way. This shall not apply if we are obligated to surrender data (e.g. to investigation authorities) on the basis of legal regulations. Furthermore, this shall not apply if any further transmission of the collected data is required for prosecuting misuse or collecting debt.

2. We reserve the right to provide software and updates solely for certain devices of registered users. If such a device-specific license forms a part of the agreement with the user, we shall store a unique device identification number that enables identification of the respective device. We shall use this identification number solely to ensure the contractual use of our software and services. We shall only use the data for other purposes if the user gives their express consent in advance for this purpose.

3. We shall only use data that we store on the user in the context of the purpose of the contractual relationship with the user. In particular, we shall not use any of the contact data of the user stored by us without the express consent of the user. We shall also not use any further usage data for purposes unrelated to the contract such as for transmission to third parties or advertising measures.

VI. Contractual Term

1. If our services are provided on a permanent or a recurring basis (in particular contracts regarding updates) the contract shall be concluded for the respectively agreed term and shall extend by the respectively agreed term (contractual period) at the end of the respective term unless terminated prior to expiry of the notice period. For the user, the notice period shall only be 24 hours prior to expiry of the respective contractual term. We are entitled to terminate the contract by giving seven calendar days’ notice. The invoice shall be issued at the beginning of the contractual period in advance.

2. We are entitled to terminate ongoing contracts for good cause if we discontinue the operation of our platform and our service offering on the whole. In this case, we undertake to refund the user any payments made in advance on a pro rata basis.

VII. General Obligations of User

1. Users are themselves responsible for the use of our Internet offering. When using our website and our products and services, users may not violate applicable legal regulations or contractual provisions. In particular, the user shall not violate any third-party rights and observe the applicable regulations under data privacy, penal and youth protection laws.

2. Orders completed and contacts made in the context of contract execution and contract administration shall generally be carried out by email. The user shall therefore ensure that the email address given by him for order completion is correct and that no settings or filter devices of the user prevent receipt of the contract-related emails.

3. Users shall keep data requiring confidentiality, in particular codes, passwords and other access data, secret. The user shall inform us immediately in the event of misuse or suspicion of misuse.

4. User accounts and software licenses are not transferable. In particular, users may not make their account or related access data available to third parties or allow the software made available by us to be used by third parties. eBlocker’s License Agreement applies to our software.

5. We may engage third parties to provide parts or all of the range of services provided on this website. Our responsibility for legal or contractual obligations remains unaffected thereby.

6. The user undertakes to use our products and services solely in accordance with the respectively applicable license agreement.

VIII. Provision of Work and Services

1. In principle, we shall make our work and services available 24 hours per day 365 days in the year. However, we are not liable for successful retrieval in individual cases. We are therefore not liable for the provision of our services with availability at particular times and are entitled to interrupt the services for the purpose of maintenance, servicing, rectification of errors, to prevent or frustrate misuse or in the event of any security problems arising. In the event of a temporary, short-term non-availability, the user’s entitlement to services already paid for but not yet purchased shall be maintained. In this case, there shall be no claim to reimbursement or withdrawal from the contract. We shall only interrupt services to the extent required and if there is good reason and shall restore services again as soon as possible. We reserve the right to discontinue the online offering. In this case, the user shall be refunded for any services already paid for but not yet made use of.

2. We reserve the right to change the technologies used (server, operating systems, interfaces, software, website pages) and communication means and, in particular, keep them up to date with the respective state-of-the-art. We reserve the right to meet our contractual obligations in this regard. Subject to meeting our contractual obligations to the user, we shall be entitled to change, expand, restrict or discontinue our services at our own discretion.

IX. Right of Use/Use for and by Third Parties

1. We reserve all rights to the services and content made available by us. Copying, downloading, disseminating and distributing as well as storing content from our website is not permitted without our express consent. Exceptions shall include contractual use in accordance with the agreement made with us and within the scope that the user has acquired the rights to use data and products purchased from us.

2. The user may only use our products and services for third parties with our consent. The user shall prohibit third parties from accessing the services without authorisation for use. If a product is intended for use on a network device, such use is admissible for all devices included in this network insofar as the network is operated by the respective licensee for its own purposes. Any resale of our services and remunerated provision to third parties (including companies of a group) requires our written consent. The user is responsible to us for all acts of use carried out via his user account and undertakes to meet all the obligations arising in connection with the use of his user account unless there is proven misuse or misuse for which we are responsible for.

X. Reservation of Title

1. Any delivered goods remain our property until all the claims under the contract have been settled. In the event that the user is a legal entity under public law, a special fund under public law or a businessman exercising his commercial independent professional activity, this shall also include all claims beyond the current business relationship owed to us until the settlement of all claims.

2. The following only applies if the customer is an entrepreneur and we approve a customer delivery on account: The customer is entitled to resell the purchased item in the ordinary course of business. However, the customer hereby assigns to us all receivables in the amount of the final invoice sum (including VAT) of our claim which accrue to it from the resale to its customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer remains authorised to collect this receivable after the assignment. Our authority to collect the receivable ourselves remains unaffected thereby. However, we undertake not to collect the receivable ourselves as long as the customer continues to meet its payment obligations arising from the proceeds collected, does not default on payment and in particular, does not file an application for the institution of insolvency proceedings and payments have not been suspended. However, if this is the case, we may demand that the customer informs us of the assigned receivables and their debtors, provides all information required for collection, surrenders the associated documents and notifies the debtors (third parties) of the assignment. We undertake to release the security that we hold at the customer’s request insofar as the realisable value thereof exceeds the claims to be secured by more than 10%; the selection of the security to be released is incumbent upon us.

XI. Passing of Risk

1. For consumers, the risk of accidental loss and accidental deterioration of the item purchased by law only passes to the user on delivery of the item purchased.

2. Only if the customer acts as a businessman the following applies: delivery shall be ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the user at the latest on handover of the goods to the user. In the event of a mail order purchase, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay already passes on delivery of the goods to the forwarding agent, freight carrier or the person or institution otherwise nominated for executing the shipment.

3. If the customer delays acceptance, fails to carry out a cooperation obligation, or if our delivery is delayed for other reasons that the user is responsible for, we are entitled to demand reimbursement of any losses incurred thereby including any additional expenses incurred (e.g. warehousing and transport costs).

XII. Warranty for Material Defects, Guarantee

1. For entrepreneurs, the statute of limitations for defect claims for goods delivered by us shall be 1 year. We shall be liable for material defects in accordance with the applicable legal regulations, in particular Sections 434 et. seqq. BGB [German Civil Code].

2. Our liability pursuant to Section XVII of these Terms and Conditions for users’ damage claims arising from injury to life, body or health or the violation of material contractual obligations (see Section XVII), for damages in accordance with the German Product Liability Act as well as for any guarantees taken over remain unaffected from the aforementioned restrictions in the above paragraph 1. Likewise, the statutory limitation periods for the right of recourse pursuant to Section 478 BGB for businessmen and our liability for fraudulent concealment of a defect remain unaffected thereby.

3. A pre-condition for a merchant’s claims for defects is that their statutory inspection and complaint notification duties (Sections 377 and 381 HGB [German Commercial Code]) have been met.

4. A quality or service life guarantee (Section 443 BGB) on our part is only given for the goods we deliver if they are expressly offered and agreed to by us. Any manufacturers’ guarantees are not affected thereby.

5. You may address any complaints and warranty claims to the address provided in the provider’s data.

XIII. Cooperation of User

1. The user shall provide us with all the important information required for purchasing the service and inform us in time of any problems or change requests. We may deem the information the user provides to be correct and are not obligated to check same.

2. The user is responsible for creating the conditions required for the proper execution of the contract in his area of operations. This applies in particular to the hardware and software required for the implementation of the service unless such is expressly to be provided by ourselves.

XIV. Prices and Shipping Costs

1. Our prices include the applicable statutory value added tax and exclude shipping costs.

2. The user shall be informed of any shipping costs incurred prior to contract conclusion. These shall be borne by the user unless free shipping is agreed.

XV. Payment Terms

1. Unless otherwise agreed or provided for, a payment term of 7 days from the date of invoice applies to our invoices.

2. The user shall bear the costs incurred by same such as the costs for access to the Internet or for the transfer of data as well as any required license costs for software.

3. The user shall ensure that there are sufficient funds in his bank account. In the event of any debits returned on account of insufficient funds, the user undertakes to reimburse us for any losses caused thereby.

4. Should the user be in arrears, we shall be entitled to demand the remuneration to be paid for the contractual period still current and not yet ended and discontinue the service until full payment of the total claim. In this case, any agreed payment indulgences for future contractual periods shall also lapse and the normal billing mode shall apply (generally annual payment in advance). In the event of default, we shall furthermore be entitled to block the users’ access to our services until all outstanding claims are paid.

5. The user shall only have a right of offset if his counterclaims are recognized by us or determined by a court of law or if the counterclaims arise from the same contractual relationship. The customer is only authorized to exercise a right of retention to the extent his counterclaim is based on the same contractual relationship.

XVI. Right of Revocation

1. Consumers have a statutory right of revocation. Instructions for revocation shall be provided separately in text form in accordance with the legal regulations.

XVII. Liability

1. We shall be liable for damages caused by gross negligence or wilful intent by us, our legal representatives or vicarious agents and for any violation of material contractual obligations (cardinal duties). Any liability for slight and ordinary negligence, irrespective of the legal ground, is excluded.

2. We shall not be liable for facilities or services outside our area of influence, in particular we shall not be liable for the non-availability of our services due to disruptions of the Internet or services or facilities used to provide access to the Internet.

3. We shall not be liable for compensation for indirect damages, in particular profits foregone. In the event of a non-grossly negligent violation of a cardinal duty, we shall furthermore only be liable for damages typically foreseeable on contract conclusion.

4. Liability for injury to body, life or health, any guarantees taken over and the liability in accordance with the German Product Liability Act shall remain unaffected from the aforementioned limitations of liability.

5. Insofar as our liability is limited or excluded, this shall also apply in respect of our legal representatives, executive bodies and employees and correspondingly also to claims for the refund of expenses.

XVIII. Text of the Contract

1. The text of the contract is not stored by us and can no longer be retrieved after the order process has been completed. The customer can print out these Terms and Conditions and the order data prior to sending his order and shall receive a contract confirmation in accordance with the legal regulations.

XIX. Final Provisions

1. The law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply to the contract. This choice of law shall only apply to consumers if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has his usual place of residence.

2. The user may transfer the rights and obligations arising from or in connection with the contract to third parties only after our written consent.

3. These General Terms and Conditions shall also be valid if our Internet offerings are used outside the Federal Republic of Germany

4. Should any individual provisions of these terms of contract be invalid, this shall not affect the validity of the remaining provisions.

5. If the user is a merchant, legal entity under public law or a special fund under public law the place of performance and place of jurisdiction shall be the place of our registered offices.

6. The interpretation of these Terms and Conditions and the rights and obligations of the parties shall be based on the German version of these Terms and Conditions.

© eBlocker GmbH. These Terms and Conditions may only be reproduced and/or used, in whole or in part, with our written approval.

Version: ENv1.1 – 2017-01-01