(1) These are the Terms and Conditions of Vecara GmbH, Königsallee 43, D-71638 Ludwigsburg as operator (in the following „Operator“) of the web site accessed via www.tellembox.de as well as of the app Tell’em box (in the following „Web Site“ and „App“, together called „Tell’em box“). The Tell’em box enables users to leave experience reports, issue reports and suggestions for improvement (in the following „Messages“or „Contributions“) which originate from their experiences with products and services by various companies or municipal organizations (in the following „Clients“). The Messages sent by users to Tell’em box will be transmitted to the respective company or municipality to contribute, in the long term, to improving their products, services or establishments.
(2) Users and visitors of Tell’em box can also obtain information on current developments and improvement measures by companies and municipalities.
(3) Tell’em box does reserve the right, however, to not transmit any Contribution if its content does not provide any factual relation to the product, service or organization, if it violates the rights of third parties, or if it is liable to promote illegal activities and behaviors owing to its content being libelous, threatening, obscene or defamatory.
(4) Tell’em box itself is no representative of the respective company or municipality and offers neither a hotline nor other support services of the company or municipality. The agreement between users and the companies concerning the acquired product or service does not affect the use of Tell’em box. The same applies to the municipality facilities and services utilized by users. Users have no claim to have the problem described solved, or to receive a reward for any transmitted Contributions.
(1) Any physical person aged at least 16 years and being a permanent resident of Germany is entitled to free use of Tell’em box by answering the upstream questions for opinion poll and market research purposes, and by writing the respective message. Any individuals working in market research are excluded from using this web site.
(2) Users may leave a valid email address if they wish to take advantage of the options to receive direct feedback from the company or municipality concerned, to receive rewards for their Contribution such as vouchers, sales discounts or similar, or to be chosen as prototype tester or development contributor, if applicable, and to receive the respective queries through this email address. Stating their email address does not constitute an entitlement for users to be selected or contacted in the manners listed above by the respective company or municipality.
(3) Physical persons not yet 18 years of age require the consent of their legal guardian to receive any reward, to have their names and message published in connection with the Clients, or to work as a prototype tester or development contributor.
(4) Every user engages, when using Tell’em box, to give correct and true information, and particularly to not infringe upon the rights of third parties. Any infringement of the rights of third parties takes place whenever personal information or other data of third parties are used without their consent, such as e.g. their email address.
Users are also given the option to expressly consent to publication of their name and their Contribution in connection with the respective Clients on the web site www.tellembox.de or via app, if they are selected for reward or work as prototype tester or development contributor by the companies or municipalities. Such Contributions are not published without the respective consent of the user.
(1) The Operator reserves the right to temporarily restrict access to the web site or app for administrative reasons. To provide constant improvement of Tell’em box according to user needs, the Operator is entitled to entirely switch off or amend parts of Tell’em box. Users are not entitled to our maintaining functionality in exactly the condition as it was at the point in time when their message was transmitted.
(2) The Operator is furthermore entitled to introduce temporary limitations of functionality so as to effectively counteract any infringements. Such limitations include in particular any temporary or final blocking or exclusion of individual areas.
(3) Any Contributions the Operator has identified as an infringement of these Terms & Conditions may be deleted immediately in case their review confirms such infringement.
(1) The Operator assumes no guarantee for information and data of third parties. This applies especially as regards to any Contributions and content posted by Clients in the forum, to their completeness and correctness, the non-applicability of third party rights or compliance to statutory regulations or any other binding rules.
(2) The Operator is liable only as far as they, their agents and/or legal representatives are guilty of intentional or negligent conduct, and in case of fraudulent intent. This does not apply as far as Operator, their agents and/or legal representatives may be held liable for damages from violation of life, body or health, or for violation of material contractual obligations (so-called “Kardinalspflichten“). Material contractual obligations are defined as obligations whose correct fulfillment is an indispensable prerequisite of due performance of the contract, and which the user may rely upon in normal conditions.
(3) In case of slight negligence, any liability by Operator and/or their agents and legal representatives for violation of material contractual obligations is restricted to typical, foreseeable damages. This does not apply in case of damages from violation of life, body or health.
(4) The Operator assumes no liability for the operativeness of the systems provided. In particular, no liability is assumed for faults, failure, interruptions, deletions, defects, delays in operation or transmission, breakdown of communication lines or unauthorized access or theft, destruction or modification of user Messages. The Operator is not liable for any problems or technical issues in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or any blackouts due to technical problems or data jam in the internet and/or one of the services, or any combination hereof. The Operator does not provide any guarantee for transmission and/or timely transmission of information, data, emails or other messages.
(1) If individual clauses of these Terms & Conditions should prove or become non-enforceable, this shall not affect the validity of the remaining clauses.
(2) Place of jurisdiction for merchants according German Commercial Code (Handelsgesetzbuch – HGB) is the company seat of the Operator.
(3) Applicable law is the law of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods adopted into German law.