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XING (es) - Condiciones Adicionales para Embalajes Premium Extra 28-may-2019 | 61,84%
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0 Terms & Conditions Terms & Conditions
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2 Add-on usage principles and synchronisation with Premium membership Additional Terms for Premium Add-ons
3 Term and expiry of the Add-on and/or Premium membership The General Terms and
4 Fees
5 Supplementary Terms and Conditions for Data Protection
6 Applicability of the Conditions for the use of XING Benefits Plus apply to XING Benefits Plus.
7 A. Additional Terms for Premium Add-ons
8 Terms and Conditions for Usage of the XING Service B. General Terms and Conditions for the use of XING
9 Right of withdrawal for consumers Benefits Plus
10 Additional Terms for Premium Add-ons Additional Terms for Premium Add-ons
11 Premium membership may be enhanced by add-ons offering additional benefits. Premium membership may be enhanced by add-ons offering additional benefits.
12 These Additional Terms for Premium Add-ons apply when a user purchases an Add-on alongside his/her Premium membership. These Additional Terms for Premium Add-ons apply when a user purchases an Add-on alongside his/her Premium membership.
13 The Terms and Conditions for Usage of the XING Service also apply. The Terms and Conditions for Usage of the XING Service also apply.
14 1. Add-on usage principles and synchronisation with Premium membership 1. Add-on usage principles and synchronisation with Premium membership
15 1.1 Add-ons may only be purchased in combination with Premium membership. 1.1 Add-ons may only be purchased in combination with Premium membership.
16 1.2 A user who only has free membership at the time of purchasing an Add-on acquires a Premium membership contract upon purchasing the Add-on. This membership has the same duration as the chosen Add-on. 1.2 A user who only has free membership at the time of purchasing an Add-on acquires a Premium membership contract upon purchasing the Add-on. This membership has the same duration as the chosen Add-on.
17 1.3 If a user already has Premium membership at the time of purchasing an Add-on, an additional contract is concluded by purchasing the Add-on. 1.3 If a user already has Premium membership at the time of purchasing an Add-on, an additional contract is concluded by purchasing the Add-on.
18 1.4 Companies or third parties are prohibited from using the Add-on for active or passive recruiting purposes. 1.4 Companies or third parties are prohibited from using the Add-on for active or passive recruiting purposes.
19
20 2. Term and expiry of the Add-on and/or Premium membership 2. Term and expiry of the Add-on and/or Premium membership
21 2.1 Upon expiry of the minimum usage period purchased by the user, the Add-on and Premium membership respectively renew for a renewal period of the same duration, up to a maximum of 12 months, unless the Add-on and/or Premium membership are cancelled by the user or XING by the applicable deadlines. 2.1 Upon expiry of the minimum usage period purchased by the user, the Add-on and Premium membership respectively renew for a renewal period of the same duration, up to a maximum of 12 months, unless the Add-on and/or Premium membership are cancelled by the user or XING by the applicable deadlines.
22 2.2 The user and XING may cancel an Add-on and/or Premium membership via contact form, letter, fax or e-mail without stating reasons, subject to a notice period of three (3) weeks; cancellation is then effective upon elapse of the minimum usage period purchased during the registration process or at the end of a renewal period as applicable. 2.2 The user and XING may cancel an Add-on and/or Premium membership via contact form, letter, fax or e-mail without stating reasons, subject to a notice period of three (3) weeks; cancellation is then effective upon elapse of the minimum usage period purchased during the registration process or at the end of a renewal period as applicable.
23 2.3 If only the Add-on is cancelled, Premium membership and any other Add-ons that have not been cancelled remain in place. If the Premium membership is cancelled, XING reserves the right to cancel Add-ons to the end of the next-possible contract term. 2.3 If only the Add-on is cancelled, Premium membership and any other Add-ons that have not been cancelled remain in place. If the Premium membership is cancelled, XING reserves the right to cancel Add-ons to the end of the next-possible contract term.
24 3. Fees 3. Fees
25 3.1 Add-on fees for the entire duration are due for payment immediately upon invoicing. 3.1 Add-on fees for the entire duration are due for payment immediately upon invoicing.
26 3.2 XING reserves the right to implement reasonable increases to the Add-on fee with effect from the start of a new renewal period commencing at the end of either the minimum usage period or the current renewal period. No more than one fee increase may be implemented per calendar year. In such case, XING shall notify users a minimum of six (6) weeks in advance of the end of the minimum usage period or current renewal period. A user may indicate non-acceptance of the fee increase within three (3) weeks of notification via contact form, letter, fax or e-mail. Non-acceptance is equivalent to cancellation of the Add-on by the user, meaning the Add-on expires at the end of the existing minimum usage period or current renewal period.Specifics regarding payment methods accepted by XING 3.2 XING reserves the right to implement reasonable increases to the Add-on fee with effect from the start of a new renewal period commencing at the end of either the minimum usage period or the current renewal period. No more than one fee increase may be implemented per calendar year. In such case, XING shall notify users a minimum of six (6) weeks in advance of the end of the minimum usage period or current renewal period. A user may indicate non-acceptance of the fee increase within three (3) weeks of notification via contact form, letter, fax or e-mail. Non-acceptance is equivalent to cancellation of the Add-on by the user, meaning the Add-on expires at the end of the existing minimum usage period or current renewal period.
27 3.3 The following applies to users selecting a credit card as payment method to purchase an Add-on, using Mastercard or Visa (American Express not accepted):
28 The contractual parties are both XING SE and XING S.à r.l, which have joint and several liability. One consequence of this is that provision of services by one of these parties fulfils the obligations of the other party. Events such as the disputing or cancellation of the contract with the user, contract withdrawal, delayed performance or impossibility of performance by one of the parties to the contract and other events as outlined under Section 425 (2) of the German Civil Code (BGB) are always applicable to both parties (in derogation of Section 425 (1) BGB).
29 XING SE and XING S.à r.l. are not one company; each acts independently. XING SE and XING S.à r.l. exclusively act in their own respective name vis-à-vis the user unless expressly indicated otherwise.
30 While XING SE and XING S.à r.l. are both entitled to demand payment in full from the user, naturally, the user must only pay once. The user must be aware, however. that there is no discretionary option to pay either XING SE or XING S.à r.l. (in derogation of Section 428 Sentence 1 BGB); he/she must exclusively make payment to the party demanding payment ("non-genuine" joint and several creditorship as per Section 428 Sentence 1 BGB). All that is required of the user is to follow the instructions on the XING websites.
31 XING SE is the users' exclusive contact for any questions regarding membership or the XING websites. Detailed contact information is provided for users on the XING websites.
32 XING SE is the sole contract partner to users opting for free membership or who select a payment method accepted by XING other than a MasterCard/Visa credit card when purchasing an Add-on (in such case, the name "XING" in these Additional Terms and Conditions for Premium Add-ons refers only to XING SE). In such cases, the particulars regarding joint and several liability and creditorship outlined above when paying by MasterCard/Visa credit card do not apply.
33 4. Supplementary Terms and Conditions for Data Protection 4. Supplementary Terms and Conditions for Data Protection
34 4.1 Depending on the Add-on selected, additional personal data may be collected and used in order to provide the services and functions included in the respective Add-on. Even after the user has cancelled the Add-on, this data will be continued to be stored for the duration of the membership if the user has not already deleted it. This primarily serves to allow the user to use previously entered data should he/she decide to reactivate an Add-on. 4.1 Depending on the Add-on selected, additional personal data may be collected and used in order to provide the services and functions included in the respective Add-on. Even after the user has cancelled the Add-on, this data will be continued to be stored for the duration of the membership if the user has not already deleted it. This primarily serves to allow the user to use previously entered data should he/she decide to reactivate an Add-on.
35 4.2 The assertion of rights of persons affected as defined by sec. 33 et seqq. German Federal Data Protection Act (BDSG) shall remain unaffected. 4.2 The assertion of rights of persons affected as defined by Article 12 et seqq. EU General Data Protection Regulation (GDPR) shall remain unaffected.
36
37 5. Applicability of the Terms and Conditions for Usage of the XING Service 5. Applicability of the Terms and Conditions for Usage of the XING Service
38 The Terms and Conditions for Usage of the XING Service apply in addition. The Terms and Conditions for Usage of the XING Service apply in addition.
39 Right of withdrawal for consumers Right of withdrawal for consumers
40 Instructions on withdrawal and model withdrawal form Instructions on withdrawal and model withdrawal form
41 Right of withdrawal Right of withdrawal
42 You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us
43 XING SE XING SE
44 Dammtorstrasse 30 Dammtorstrasse 30
45 20354 Hamburg 20354 Hamburg
46 Phone: +49 40 419 131 0 Phone: +49 40 419 131 0
47 Fax: +49 40 419 131 11 Fax: +49 40 419 131 11
48 E-mail: withdraw@xing.com E-mail: withdraw@xing.com
49 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages). You may use this model withdrawal form , but it is not obligatory. of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages). You may use this model withdrawal form , but it is not obligatory.
50 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
51 Effects of withdrawal Effects of withdrawal
52 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. In issuing such reimbursements, we use the same payment method you used in the original transaction unless explicitly agreed with you otherwise; in no case will we charge fees for such a refund. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. In issuing such reimbursements, we use the same payment method you used in the original transaction unless explicitly agreed with you otherwise; in no case will we charge fees for such a refund.
53 If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
54 You may download and use the model withdrawal form available as a PDF file. You may download and use the model withdrawal form available as a PDF file.
55 Exclusion of right of withdrawal: Exclusion of right of withdrawal:
56 The right of withdrawal does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB). The right of withdrawal does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).
57 Other important notes:You expressly agree that we will start to render the service before the end of the withdrawal period. Other important notes:You expressly agree that we will start to render the service before the end of the withdrawal period.B. General Terms and Conditions for the use of XING Benefits Plus
58 XING Benefits Plus is an optional paid add-on for XING members. XING Benefits Plus users gain access to a wide range of discounts on products and services from a number of external providers (Top Deals). XING collaborates with one of more contractors who acquire Top Deals from external providers which are then served to XING Benefits Plus users.
59 These General Terms and Conditions for the use of XING Benefits Plus apply when users book XING Benefits Plus in addition to their membership.
60 The General Terms and Conditions for the use of the XING service also apply.
61 1. Basis for using XING Benefits Plus
62 1.1 As and where appropriate, XING only provides users with the option to book XING Benefits Plus in combination with a Premium membership. In this case, the following applies:
63 a) If, at the time of booking XING Benefits Plus, a user only has free membership, the user will also acquire a Premium membership contract when booking XING Benefits Plus.
64 b) If, at the time of booking XING Benefits Plus, a user already has Premium membership, the user will acquire a second, additional contract when booking XING Benefits Plus.
65 1.2 The Top Deals portfolio made available to the XING Benefits Plus user may change during the term of contract. XING is not obliged to provide a certain Top Deals portfolio on a permanent basis.
66 1.3 The amendment, discontinuation or other termination of XING Benefits Plus does not have any impact on the contractual relationship between XING and the user in terms of the user's XING membership.
67 1.4 By providing XING Benefits Plus, XING merely enables users to take advantage of the Top Deals. Specific agreements pertaining to Top Deals are entered into solely by the user and the respective external provider. Any and all claims (e.g. warranty) arising from these agreements between users and external providers may only be asserted against the external provider.
68 1.5 XING does not assume any warranty or liability for the correctness or completeness of the product information and contact provided by external providers. XING also does not assume any warranty or liability for the availability, quality or rendering of the services offered, nor does it assume any liability in the event that an external provider’s services breach third-party rights.
69 1.6 XING provides no warranty that the Top Deals offered by an external provider will actually be provided. XING provides no warranty that the discounts offered by external providers represent actual savings for the user.
70 2. Term, termination
71 2.1 XING Benefits Plus shall run for the initial term chosen by the user at the time of booking. After this term, XING Benefits Plus will be renewed by a term of the same length as the original term, unless terminated in due time by the user or XING. The user and XING may each terminate XING Benefits Plus without cause to the end of the initial term chosen by the user in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of three (3) weeks via the contact form, letter, fax or e-mail.
72 2.2 XING may also terminate XING Benefits Plus during the first contract year by giving notice of one (1) month to the end of a calendar month. In this case, the user will be reimbursed pro rata temporis for any XING Benefits Plus fees paid in advance.
73 2.3 Both parties are entitled to immediate extraordinary termination for good cause at any time. Extraordinary termination for good cause is defined as an event which makes it unacceptable for the terminating party to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of both parties.
74 2.4 If XING Benefits Plus is terminated, the user will continue to hold Premium membership and any other unterminated add-ons.
75 2.5 The user's right to claim reimbursement of any fees paid in advance shall not be excluded in this case if the user has terminated the agreement for a good cause attributable to XING. The user's right to claim reimbursement of any fees paid in advance shall be excluded if XING terminates the agreement or the XING member’s membership for good cause.
76 3. Remuneration
77 3.1 The fees for XING Benefits Plus are due immediately for the entire term of contract upon invoicing.
78 3.2 XING reserves the right to reasonably increase the fees charged for XING Benefits Plus with effect from the start of a new renewal period, either after the initial term or the respective current renewal period. Prices may only be increased once per calendar year. In such cases, XING will inform the user at least six (6) weeks prior to expiry of the initial term or respective current renewal period. Should the user not agree to this increase in fees, it may revoke consent to do so within three (3) weeks of notification via the contact form, letter, fax or e-mail. The user’s submission of a revocation is tantamount to cancelling XING Benefits Plus, meaning that said add-on will expire at the end of the initial term or respective current renewal period.
79 4. Other obligations of the user
80 4.1 XING Benefits Plus is a personal offer for users. This means that the Top Deals may only be used by users themselves. The user is not permitted to disclose login details, discount codes, vouchers and the like to other people, nor may the user pass on Top Deals content for other people to use. Such content must be handled in confidence and may only be used for purposes pertaining to private use of the Top Deals.
81 4.2 XING may take appropriate action to prevent user misuse.
82 5. Validity of the provisions of the General Terms and Conditions for the use of the XING service
83 Otherwise the validity of the provisions of the General Terms and Conditions for the use of the XING service shall apply.
84 Right of withdrawal for consumers
85 Instructions on withdrawal and model withdrawal form
86 Right of withdrawal
87 You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us
88 XING SE
89 Dammtorstrasse 30
90 20354 Hamburg
91 Phone: +49 40 419 131 0
92 Fax: +49 40 419 131 11
93 E-mail: widerruf@xing.com
94 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, e-mail or via the contact form available on each of our webpages). You may use this model withdrawal form, but it is not obligatory.
95 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
96 Effects of withdrawal
97 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
98 If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
99 You may download and use the model withdrawal form available here as a PDF file.
100 Exclusion of right of withdrawal:
101 The right of cancellation does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur (Section 14 BGB).
102 The right of withdrawal vis-à-vis XING does not apply to agreements you enter into third parties, i.e. where XING is not legally involved. Any such rights of withdrawal may only be brought against the respective third party.
103 Other additional information:
104 When booking XING Benefits Plus, you enter into a contract pertaining to digital content that is not supplied on a physical data medium. As a result, please observe the following:
105 Important information: Right of withdrawal for the contract pertaining to digital content not supplied on a physical data medium
106 Your right of withdrawal expires prematurely if XING has started to execute the agreement after you have granted XING your express consent to begin execution of the agreement prior to expiry of the right of withdrawal and after you have acknowledged that your consent leads to the loss of your right of withdrawal when XING begins execution of the agreement.
107 You expressly agree that we will start to execute the agreement before the end of the withdrawal period. You acknowledge that your consent leads to the loss of your right of withdrawal when XING begins execution of the agreement.