General Terms and Conditions

The platform service maps.nachhaltigkeitshelden.de (hereinafter referred to as the "Platform") is operated by the company Nachhaltigkeitshelden GmbH (hereinafter referred to as "Nachhaltigkeitshelden"), with its place of business at Simbacher Str. 17, 81673 Munich, Germany, with managing directors Thomas Klir, Fabienne Horlaville and Kevin Tscholitsch.

Before registering on the Platform, every provider and every registered visitor must accept these General Terms and Conditions of Use (hereinafter referred to as "Terms") and the data protection provisions and undertake to comply with them.

1. Purpose

1.1 These Terms determine the relationship between Nachhaltigkeitshelden and the providers and visitors.

1.2 You can contact Nachhaltigkeitshelden by sending an email to the following address: info@nachhaltigkeitshelden.de

1.3 The Platform gives visitors and providers the opportunity to search for and find providers of sustainable products and services, as well as to suggest new providers for the Platform.

1.4 Providers with their own location can register on the Platform and thus place their retail business on the Platform.

1.5 The Platform is not intended for minors. Minors must be supervised by a parent or guardian (adult) while using the Platform.

1.6 To register on the Platform, the provider must provide their email address so that the Platform can identify the provider each time they access the Platform. Nachhaltigkeitshelden may require a provider to verify their account for security reasons. This can be done, for example, via the provider's email address. All data collected as a result of such verification will be processed in accordance with the provisions of our data protection terms, which are part of the contractual agreement between Nachhaltigkeitshelden and the providers.

Nachhaltigkeitshelden may modify the Terms at its own discretion, in particular to:

• adapt the Terms to applicable or newly enacted legal or regulatory provisions;
• adapt the Terms to a decision by a court, a consumer protection authority or other competent authority affecting the content of the Platform or the services offered through it;
• reflect changes and developments in the way it conducts its business;
• reflect changes in market conditions or industry standard practice;
• change the price list, in particular the prices specified therein.

Nachhaltigkeitshelden will inform its providers of the modified Terms fifteen (15) days before they come into force; in the case of material changes (e.g. changes that impose additional obligations on providers / changes that affect the main functionalities of the Platform) four (4) weeks before they come into force. If a provider does not object to the modified Terms before the day the changes come into force, the modified Terms shall be deemed accepted by the provider. If the provider objects in time, they can end their relationship with Nachhaltigkeitshelden and close their Nachhaltigkeitshelden account. Any modification of the Terms published on the Platform shall apply immediately to visitors.

1.7 Providers and visitors are expressly warned that the Internet is not a secure network. Providers and visitors acknowledge that they are fully informed about the unreliability of the Internet, in particular about possible security risks in data transmission and about the absence of performance guarantees regarding the extent and speed of data transmissions.

Nachhaltigkeitshelden cannot be held liable for unforeseeable events such as cyber attacks or security breaches in data transmission or for performance guarantees regarding the volume and speed of data transmissions. Under these conditions, it is the responsibility of providers and visitors to take all appropriate measures to protect their own data and/or software, in particular against malware circulating on the Internet.

2. Definitions

Provider Account or Account — refers to the account created for the provider or visitor upon registration on the Platform; the created account contains personal information.

Social Network Accounts — refers to Nachhaltigkeitshelden's accounts on social networks, on which information about the Platform and the services offered by it are provided and content published by providers and visitors is shared.

Data Protection Statement — refers to the document describing how Nachhaltigkeitshelden collects, processes, stores and transmits personal data and other important information of a visitor or provider.

Services — refers to all services offered by the Platform.

Provider — refers to any person who, after registering on the Platform, is authorised to use all services of the Platform to meet their personal needs.

Visitor — refers to any person who does not maintain a location and will use the Platform with or without registering in accordance with the Terms. This includes in particular persons who wish to obtain information about sustainable locations in their area.

User — refers to any person who is a provider or visitor.

Terms — these Terms and all other rules and additional terms published on the Platform that regulate how Nachhaltigkeitshelden permits providers and visitors to access and use the Platform.

3. Services

3.1 Nachhaltigkeitshelden is an online intermediary hosting service that provides users with a virtual exchange forum, namely the Platform. Visitors have the opportunity to search for and find local providers of sustainable products and services, suggest new providers for the Platform, and publicly register sustainable points of contact (ÖnA). Providers have the opportunity to register and present their own business on the Platform with public effect.

3.2 Under the conditions specified on the Platform, providers can order additional paid services (prices available in the price list).

3.3 These Terms and other regulations published on the Platform apply equally to users of Nachhaltigkeitshelden's social network accounts and must be complied with by them as well.

4. Provider Registration

4.1 The following basic requirements must be met in order to register providers on the Platform:

• Only local retail businesses or other locations related to sustainability that belong to the registered person themselves may be registered by that person.
• Employees of Nachhaltigkeitshelden may register local retail businesses that are related to sustainability.

4.2 All information provided during registration must be truthful. At least one photograph or video (depending on the selected pricing model) must be uploaded in good quality — the person uploading the photograph/video must own the rights to the photograph/video and be able to transfer the use of this photograph/video. Nachhaltigkeitshelden cannot be held responsible for uploaded content.

4.3 Each provider may register an unlimited number of locations on the Platform. It is prohibited to register the same location more than once on the Platform.

4.4 If there is suspicion of fraud of any kind by a provider, Nachhaltigkeitshelden will immediately block and suspend the provider's account and the content displayed by them until the results of the investigation conducted are available.

5. Additional Services

The use of additional services incurs costs to be borne by the provider, the amount of which is specified in the price list. The provider accepts that Nachhaltigkeitshelden is entitled to modify the price list at any time, for example for future additional services — the services already booked shall remain unaffected until the end of the respectively selected period (end of month for monthly payment or end of year for annual payment). If the provider does not agree with any of the proposed changes, they can end their relationship with Nachhaltigkeitshelden and close their Nachhaltigkeitshelden account.

6. Payment

6.1 Nachhaltigkeitshelden is entitled to demand payment for the services provided in accordance with the prices specified in the price list.

6.2 All prices are stated in Euro (EUR).

7. Interaction and Messages on the Platform

7.1 The provider must ensure that messages and support requests used to exchange with Nachhaltigkeitshelden do not contain:

• Advertising;
• Spam or content that spreads malware;
• Messages containing text that violates accepted moral standards and public order, inappropriate, offensive or defamatory messages, or those that are otherwise deemed incompatible with these Terms and the interests of the providers;
• Messages of an unlawful nature or those that otherwise attempt to cause harm to other users of the Platform.

7.2 A provider or visitor is only entitled to rate a location if the provider or visitor knows that location or has already visited it in person. Ratings of one's own location are not permitted. Providers and visitors of the Platform receive no consideration for their online rating(s).

The rating must always be fair and honest and must not contain the following:

• Advertising;
• Spam or content that spreads malware;
• Messages that violate accepted moral standards and public order, inappropriate, offensive or defamatory messages;
• Messages of an unlawful nature or those that otherwise attempt to cause harm to other users of the Platform.

Nachhaltigkeitshelden does not review ratings before they are published by providers or visitors. If a received rating is inappropriate or abusive, the affected provider or visitor should report this to Nachhaltigkeitshelden. Nachhaltigkeitshelden is entitled to delete any ratings from the Platform that violate these Terms or infringe the rights of other providers or visitors.

8. Responsibility

8.1 All visitors and providers are fully responsible in their capacity as authors for the information they publish on the Platform themselves.

8.2 In this regard, visitors and providers must comply with all applicable provisions. In particular, providers and visitors must refrain from (i) infringing the rights of third parties, (ii) infringing intellectual property rights or entering non-existent locations, (iii) inciting crimes or offences, discrimination, hatred or violence on the grounds of race, ethnic origin or nationality, (iv) communicating false or confidential information, (v) posting defamatory comments, (vi) committing acts that could endanger minors, (vii) publishing personal data of other persons or violating data protection rights, or (viii) assuming the identity of another person.

8.3 The provider or visitor is aware and acknowledges that they are solely responsible for direct and indirect damage caused to third parties or Nachhaltigkeitshelden resulting from their content being incompatible with applicable provisions or from it violating these Terms. Consequently, the provider or visitor is aware and acknowledges that Nachhaltigkeitshelden, in its capacity as a platform, does not review the content under any circumstances and cannot be held responsible for the aforementioned damage, unless (i) Nachhaltigkeitshelden was properly informed of the existence of illegal content and (ii) Nachhaltigkeitshelden failed to act immediately to remove such content from the Platform.

8.4 Nachhaltigkeitshelden is not responsible for content uploaded by providers or visitors. Providers and visitors are responsible for the content they upload. Nachhaltigkeitshelden is entitled to remove content from providers or visitors that has been properly objected to in accordance with applicable law and that violates applicable laws and/or Nachhaltigkeitshelden's policies. Furthermore, Nachhaltigkeitshelden may take action against the providers or visitors.

If providers or visitors discover content that endorses crimes against humanity, incites racial hatred and/or violence, or relates to child sexual abuse material, Nachhaltigkeitshelden must be informed immediately:

• by sending an email to the address info@nachhaltigkeitshelden.de;
• or by sending a letter detailing the underlying facts to the office address.

In all these cases, Nachhaltigkeitshelden will delete the content immediately.

8.5 In the event of the use of additional services, the provider is responsible for the proper and timely payment of the service received in accordance with the conditions communicated in the invoice or in accordance with the mutually agreed terms.

8.6 The provider or visitor is aware and accepts that Nachhaltigkeitshelden is not responsible in the event of a dispute between provider and visitor as well as between visitor and visitor and provider and provider, insofar as it does not provide support and also does not participate in the resolution of disputes.

9. Obligations of the Provider and Visitor

9.1 The provider undertakes to:

• provide truthful information about themselves when registering on the Platform;
• register only once on the Platform and not create more than one account;
• not use the Platform and/or the Services for the purpose of engaging in unlawful or fraudulent conduct;
• not copy or unlawfully use information displayed on the Platform and uploaded by Nachhaltigkeitshelden or another provider on the Platform.

9.2 The providers and visitors undertake to comply with the following rules when using the Platform:

• Not to use misleading or false information and/or data (in particular to share and/or publish);
• Not to use photographs for which the respective provider or visitor does not hold the intellectual property rights;
• Not to use photographs on which persons other than the respective provider themselves are recognisable, unless such other recognisable persons have consented to the publication of these photographs; or that violate accepted moral standards and/or public order;
• Not to provide content that infringes intellectual property rights such as registered trade marks and/or other designations, design rights and/or copyright of third parties;
• Not to infringe property rights and/or personality rights (including intellectual property rights) of third parties;
• Not to violate applicable laws and/or regulations;
• Not to violate public order and/or accepted moral standards;
• Not to use programmes and/or computer files that contain malware;
• Not to offer and/or otherwise promote links to other websites and/or companies that offer services similar to those of the Platform.

9.3 The providers or visitors undertake not to collect, combine, disclose, make known, publish or disclose data from the Platform or data about the actions of the providers or visitors of the Platform if access to such data was obtained in an illegal manner or as a result of unlawful action or omission.

9.4 Within the scope of applicable law, Nachhaltigkeitshelden is not responsible for the conduct of providers or visitors when they use the Platform or the Services.

9.5 The providers undertake to treat their login credentials and password as confidential towards third parties.

9.6 The providers undertake to update information specified on the Platform that is no longer current due to changes in their data immediately.

9.7 By using the Platform, the provider or visitor warrants:

• that they are a natural person aged 18 years or older (otherwise their parents or guardian must supervise their use), that they use all services of the Platform to meet their personal needs; and that they have the ability and rights required to conduct such use on the Platform;
• that they accept and comply with the Terms and all other contractual documents of the Platform;
• that they are aware that they are fully responsible for the use they conduct;
• that they are aware that they will become liable to pay Nachhaltigkeitshelden if they decide to use additional services in accordance with the price list.

10. Rights and Obligations of Nachhaltigkeitshelden

10.1 Nachhaltigkeitshelden is entitled to prohibit providers and visitors from using the Platform entirely ("complete ban") (stating the reasons for the prohibition or restriction), in particular by removing content uploaded to the website, by terminating the account, and by preventing the provider from registering again on the Platform, provided that Nachhaltigkeitshelden has previously sent an appropriate official notice to the respective provider or visitor, if the respective provider or visitor:

• has violated or breached its obligations arising from the Terms, the data protection statement, or other Platform rules;
• provided inaccurate, misleading and/or incomplete information at the time of registration on the Platform or upon use in accordance with the Terms;
• intentionally and deliberately publishes or communicates inaccurate information on the Platform, offends other persons or otherwise acts inappropriately;
• uses the identity of another provider on the Platform or otherwise acts unlawfully;
• logs in to the Platform from the same IP address or computer that has already been blocked due to violations;
• has already received at least three warnings from Nachhaltigkeitshelden.

Complete ban means that the account is locked and/or deleted and access to the Platform from the provider or visitor's computer is blocked. The provider must be aware that after the complete ban, they no longer have the right to register again on the Platform.

10.2 After proper notification in accordance with section 8.4, Nachhaltigkeitshelden removes all unlawful content. Nachhaltigkeitshelden is at any time entitled to remove information provided by providers or visitors from the Platform if such information violates the Terms, applicable legal norms, or recognised moral standards or public order.

10.3 A provider or visitor who does not accept Nachhaltigkeitshelden's right according to section 10.2 must refrain from using the Platform. Nachhaltigkeitshelden reserves the right to investigate any violation of the Terms and inform the institutions and authorities responsible for law enforcement of such violations.

10.4 To make the Platform more user-friendly, Nachhaltigkeitshelden is at any time entitled to reorganise the Platform, provided that the adjustments involved do not alter the content provided by providers or visitors.

10.5 Nachhaltigkeitshelden is at any time entitled to cease or suspend the operation of the Platform or to transfer the operation of the Platform to third parties, whereby the providers or visitors of the Platform must be informed accordingly thirty (30) days before cessation/suspension/transfer.

11. Personal Data

The data protection statement, which can be accessed at the link https://www.nachhaltigkeitshelden.de/de/datenschutz, describes what personal data Nachhaltigkeitshelden collects from providers and visitors and the purpose for which Nachhaltigkeitshelden processes such data.

12. Final Provisions

12.1 The Terms are governed by the national law applicable to Nachhaltigkeitshelden.

12.2 In the event of a discrepancy or dispute between Nachhaltigkeitshelden and a provider or visitor, the provider or visitor may proceed as follows:

First, they can submit a written complaint to info@nachhaltigkeitshelden.de. If the provider or visitor does not receive a response from customer service within a reasonable period of one (1) month, or if the response is not satisfactory to the provider or visitor, the provider or visitor and Nachhaltigkeitshelden will attempt to resolve the complaint amicably before the dispute can be brought before the competent court.

Providers and visitors may therefore attempt to resort to alternative dispute resolution methods such as consumer conciliation, although Nachhaltigkeitshelden is neither willing nor obliged to use such methods to resolve disputes with providers or visitors.

12.3 The provider may end their relationship with Nachhaltigkeitshelden in writing or electronically, that is, by email. Nachhaltigkeitshelden is entitled to terminate the contractual relationship with the provider at any time with a notice period of thirty (30) days by giving appropriate written or electronic notice, in particular for the following reasons: (i) If Nachhaltigkeitshelden decides to offer other services via the Platform (change of business scope), (ii) If Nachhaltigkeitshelden decides to no longer offer services via the Platform, (iii) If Nachhaltigkeitshelden decides to transfer the operation of the Platform in whole or in part to a third party.

Nachhaltigkeitshelden is furthermore entitled to terminate the contractual relationship with the provider with immediate effect if (i) the provider violates the law or the provisions of these Terms, or (ii) the provider objects to the modified Terms.

12.4 Nachhaltigkeitshelden retains all rights to the Platform, in particular intellectual property rights, that is, in particular to its system, the layout and design of the Platform, the software used by and for the Platform, the trade marks and domain names used by and for the Platform.

12.5 The transmission of information or data, in particular photographs on the Platform, that is, content, means that providers and visitors of the Platform as users of the Services grant Nachhaltigkeitshelden and any company belonging to the Nachhaltigkeitshelden group a non-exclusive licence to use the content worldwide, free of charge, valid for the term of protection of the applicable rights. This licence includes the right to use, copy, reproduce, display and adapt the content. Nachhaltigkeitshelden may use such content on all known or unknown media and in particular on TV, paper, on the Internet and on social networks (Facebook, Twitter, Instagram, etc.) for commercial, advertising and internal purposes of the Nachhaltigkeitshelden group. Responsibility for the content rests exclusively with the providers and visitors.

12.6 All notifications, requests and other information exchanged between the provider and Nachhaltigkeitshelden shall be sent in accordance with the Terms by the provider to Nachhaltigkeitshelden via the contact form provided on the Platform or by email to info@nachhaltigkeitshelden.de and/or by the provider by email to the email address provided upon registration on the Platform.

12.7 The Terms do not result in the establishment of a company (of any legal form), employment relationships, commercial agent relationships or franchise relationships between Nachhaltigkeitshelden and the provider or visitor.

12.8 Subject to applicable data protection laws, Nachhaltigkeitshelden is entitled to transfer and/or assign all rights and obligations under these Terms to third parties, in particular in the event of the transfer of a business area, a merger by establishment of a new company, a merger by acquisition, a demerger or a change of control. If Nachhaltigkeitshelden transfers and/or assigns the rights and obligations under these Terms to third parties, the provider is entitled to terminate their relationship immediately and close their account with Nachhaltigkeitshelden.

12.9 Providers and visitors may at any time raise objections with regard to the access, use or operation of the Platform or the Services. Corresponding notices must be sent to Nachhaltigkeitshelden using the email address info@nachhaltigkeitshelden.de or by letter to the office address. For all legal enquiries, please contact us at this address: info@nachhaltigkeitshelden.de.

The Platform is hosted by STRATO.

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