General Terms and Conditions

Preamble

(1) These General Terms and Conditions (GTC) apply to the use of the PropKong platform (hereinafter "Platform"), which is operated by Zinkler & Brandes GmbH, Am Neuen Werk 3, 33378 Rheda-Wiedenbrück (hereinafter "Provider"). They govern the contractual relationship between the user and the Provider and the rendering or performance of all current and future services and deliveries of the contracting parties.

(2) The Platform provides users with functions relating to the organization and booking of viewing appointments via a web-based application at propkong.com (Platform URL).

(3) If the user is a business, the user's general terms and conditions of contract or business shall not become part of the contract, even if they are attached to requests for offers, orders, declarations of acceptance, etc., and even if the Provider has not objected to these terms.

(4) The Platform's offering is directed at both consumers/end customers and businesses.

(5) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

(6) The Provider reserves the right to make technical and design deviations from descriptions and information in written documents, without the user being able to derive any rights against the Provider from this.

§ 1 Service for organizing viewing appointments

(1) The Platform provides users with functions for organizing viewing appointments via the Platform URL.

(2) Users can create new viewing offers without prior registration. For this purpose, required information such as the type of property to be viewed (room in a shared apartment, house, etc.), duration per viewing appointment, specific time slots and address details for the viewing offer are requested.

(3) The number of viewing offers a user can create and the functions available may vary depending on the plan/package and may be free of charge or subject to a fee. Functions subject to a fee are explicitly marked as such.

(4) After creating a viewing offer, free registration of the user is required (see §2) so that the user can view agreed viewing appointments at a later time and send the link for scheduling appointments to third parties.

(5) Persons who have been sent such an appointment link can choose from the available appointments of the viewing offer and book an appointment with the user after entering their data.

(6) The user must ensure that the information in their offer is truthful and undertakes to use booking and personal data received exclusively within the scope of the agreed viewing appointment.

(7) The user can view their viewing offers and agreed appointments online.

(8) Viewing offers can only be deleted if there are no future viewing appointments or all appointments have been canceled.

(9) The user can delete their own user account, including all data, with one click if it does not contain any active viewing offers.

(10) Instead of against payment, additional viewing offers can also be unlocked free of charge via partners of the Platform – via a partner's promo code (promotional campaign) or via the option "Partner offer – free thanks to" the respective partner. If the user chooses such a free unlocking, the user agrees that partner advertising labeled as an "Ad" will appear in connection with these offers: on the Platform (e.g. in the offer view or on pages for prospective viewers), in documents (e.g. the appointment list as a PDF) and in email notifications to the user about these offers. Prospective viewers see the advertising only on the Platform's websites, not in emails. The user may object to advertising in emails at any time; the unlocking remains unaffected by this. Offers unlocked against payment and users with the Professional package do not receive partner advertising.

(11) There is no entitlement to free unlocking via partners; it depends on the quota and scope of the respective partner. The respective partner is responsible for the content of the partner advertising and of the linked pages. Prospective viewers do not receive advertising by email.

§ 2 Registration as a user

(1) Registration for the Platform is free of charge and takes place via the registration form at the Platform URL, stating the following data: first name, last name, email address and password (the password is stored in encrypted form). The user must provide truthful and complete data. There is no entitlement to admission. Only persons of full age with unrestricted legal capacity are eligible to participate; they must present a copy of an official identity document upon the Provider's request.

(2) Only one registration per person may be maintained at any one time.

(3) The user undertakes to keep their access data secret and not to disclose it to third parties. Transferring a user account to third parties is not permitted.

(4) Registration as a user – with the exception of consent to the GTC and the privacy notice – does not entail any obligations. A user can delete their own user account independently in the settings at any time. There is no obligation to purchase.

§ 3 Ordering process and conclusion of contract

(1) The presentation of the range of services by the Provider does not constitute a binding offer. Only the order placed by the user constitutes a binding offer pursuant to § 145 BGB (German Civil Code). To accept the offer, the Provider sends an order confirmation to the user by email. The contract between the Provider and the user is concluded upon receipt of the acceptance of the offer.

(2) Each service offered by the Provider (e.g. a Pro package) has a detail view with a service description that provides information about the content and scope of the service. This detail page states the price of the service for purchase and digital use from Germany, including statutory value-added tax. Services subject to a fee can be placed in the virtual shopping cart by clicking the "Order now" button.

(3) Starting from the shopping cart, the user can continue the ordering process and, after clicking the "Proceed to checkout" button, enters their billing address.

(4) After clicking the "Proceed to review" button, the user can finally review their order. The user confirms the GTC and the withdrawal policy by ticking the checkbox and concludes the contract by clicking "Buy now". On the next page, the user receives an order confirmation. In addition, the Provider sends an order confirmation by email.

(5) The language of the contract is German, English, Spanish, French, Italian, Portuguese, Dutch or Polish.

(6) The contract text is not stored by the Provider and can no longer be accessed by the customer after completion of the ordering process. However, the order data is contained in text form in the order confirmation and can be viewed via the user account. The Provider stores the customer's order data and will gladly provide the customer with a copy of the order data upon request.

§ 4 Terms of payment, prices

(1) The contract for the booked service is concluded directly between the Provider and the respective user during the order. Payment and payment management are handled exclusively via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland. The following payment methods are offered: Apple Pay, Mastercard, VISA, American Express, Stripe Giropay If you choose a payment method of the payment service provider Stripe (Apple Pay, Mastercard, VISA, American Express, Stripe Giropay), payment is processed via the payment service provider Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland, to which we pass on the information you provided during the ordering process together with the information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) pursuant to Art. 6(1) lit. b GDPR. Your data is passed on exclusively for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. Further information on Stripe's data protection can be found at the URL https://stripe.com/de/terms

(2) All prices stated include the value-added tax applicable by law at the time the contract is concluded. As this is a purely digital offering accessible on the Internet, there are no shipping costs. Where recurring services are owed, the value-added tax rate applicable at the time the respective claim falls due is decisive.

(3) Access to the ordered services is only enabled after successful receipt of payment.

(4) In accordance with the statutory provisions, the user shall compensate the Provider for the damage and necessary expenses (e.g. chargeback fees) incurred by the Provider as a result of the user's non-payment or late payment or other payment disruptions caused by the user (e.g. insufficient funds in breach of duty under a direct debit mandate), unless the user is not responsible for them.

§ 5 Rights of use

(1) The software and all content offered are legally protected. The copyright and all other related rights to the software and to other items that the Provider makes available to the user in the course of initiating and performing the contract belong exclusively to Zinkler & Brandes GmbH as the Provider.

(2) For the term of the contract, the user receives the non-exclusive, simple, non-transferable and non-sublicensable right to access the software by means of a browser and an Internet connection and to use it for their own viewing offers.

(3) The user is prohibited from granting use of, renting or otherwise making available the software or the content stored on the Platform to unauthorized third parties.

(4) The user is not entitled to decompile, "reverse engineer", disassemble or reproduce the software or to use any part of the software to create a separate application, or to have these acts performed by third parties, unless permitted by the German Copyright Act (Urheberrechtsgesetz) or the contract.

(5) In the event of serious breaches of the obligations incumbent on the user, the Provider is entitled to block the user's access at the user's expense.

(6) The user further undertakes to ensure that any content distributed by the user does not infringe any third-party rights (e.g. copyrights, patent and trademark rights) and that the applicable criminal laws and youth protection regulations are observed.

§ 6 Access and technical requirements for use, closing the user account

(1) Use of the Platform requires an up-to-date Internet browser such as Mozilla Firefox (min. version 10), Apple Safari (min. version 5), Internet Explorer (min. version 11), Google Chrome (min. version 5).

(2) The use of JavaScript and cookies must be permitted by the Internet browser.

(3) Offline use of the Platform is not possible.

(4) The user can close their user account at any time. The user account and the content stored in it are automatically deleted seven days after the user account is closed.

§ 7 Availability

(1) The Provider strives for the greatest possible availability of the Platform via the Internet and assumes an availability of its services of at least 98% on an annual average. This excludes times during which the web server cannot be reached via the Internet due to problems beyond the Provider's control. The Provider cannot accept liability for errors in the area of remote data transmission.

(2) In the event of temporary downtime, the user has no claims for a price reduction.

(3) The Provider reserves the right to continuously develop the range of functions of the Platform and to modify or remove functions in order to improve the Platform. Should this result in a restriction of the agreed scope of services for a user, the customer is entitled to terminate the contract for cause within one month of the significant restriction occurring. If the customer does not exercise their right of termination for cause, the contract will be continued with the corresponding change.

(4) The range of functions of the Platform remains accessible in the user account for as long as the Platform exists. Should the Provider decide to discontinue operation of the Platform, it will notify all users by email three months in advance. The Provider will then block the creation of new viewing offers and give users the opportunity to download data on agreed appointments.

§ 8 Withdrawal and cancellation

(1) The user can cancel their order free of charge as long as no payment has been made.

(2) If payment has already been made and the purchased functions have been activated in the user account, the user, provided that they acted as a consumer when concluding the contract, has the right to withdraw from the contract within fourteen days without giving any reason. If the user withdraws from this contract, the Provider shall reimburse all payments received from the user without undue delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract was received by the Provider. For this reimbursement, the Provider will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no event will the user be charged any fees for this reimbursement.

(3) In the event of a withdrawal, the activated functions will be removed from the user account.

(4) Withdrawal is no longer possible if, before the end of the withdrawal period, the user has expressly consented to the performance of the contract, i.e. the activation of the purchased digital content.

(5) The withdrawal policy and the withdrawal form can be found here: https://propkong.com/en/recall

§ 9 Warranty, liability

(1) The Provider shall be liable without limitation for damage resulting from injury to life, body or health based on a breach of duty by the Provider, a legal representative or a vicarious agent of the Provider, as well as for damage caused by the absence of a quality guaranteed by the Provider or in the event of fraudulent conduct. Furthermore, the Provider shall be liable without limitation for damage caused intentionally or through gross negligence by one of its legal representatives or vicarious agents.

(2) Any liability of the Provider for any damage arising during the conduct of the viewing appointments is excluded.

(3) The Provider shall not be liable for events of force majeure that make the contractual services impossible or even merely significantly impede or temporarily hinder the proper performance of the contract.

(4) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(5) The Provider's warranty and liability are governed by the statutory provisions.

(6) The use and implementation of the functions provided by the Provider are at the user's own risk.

§ 10 Data security

(1) User data is processed electronically.

(2) The server location and place of data storage of the Platform is Germany.

(3) The Provider will not pass on the user's data to third parties or otherwise use it without the user's consent. Insofar as information is collected and passed on for statistical purposes, it does not contain any personal data with the exception of the user's IP address.

(4) All connections between users and the Platform are established via encrypted SSL connections.

(5) For further information on data protection, please refer to the Provider's privacy policy at https://propkong.com/en/privacy

§ 11 Complaints / dispute resolution

The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. Consumers generally have the option of using this platform to settle their disputes. We always strive to settle any disagreements arising from contracts concluded with us and complaints amicably. Please note, however, that we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and cannot offer you participation in such proceedings.

§ 12 Miscellaneous

(1) Use of the Platform for purposes other than those provided for here is only permitted with the express approval of the Provider.

(2) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible in its regulatory content to the economically intended meaning and purpose of the invalid provision. The same applies accordingly in the event of gaps in the provisions.

(3) The place of jurisdiction and place of performance is the registered office of the Provider (Rheda-Wiedenbrück). The place of jurisdiction for all legal disputes is Rheda-Wiedenbrück, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.

(4) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).