General Terms of Use

§ 1 Scope, object and extent of the licence agreement; blocking of access

(1) These General Terms of Use apply to the contracts concluded between you and us, Manage-Unique Ltd., 85 Great Portland Street, First Floor
LondonW1W7LT, UNITED KINGDOM, e-mail: management@manage-unique.com via the website https://manage-unique.com (hereinafter: Website) concluded with you (hereinafter also: User) regarding the use of our offer, unless otherwise expressly agreed in writing between you and us. We do not recognise any deviating or conflicting terms and conditions unless we have expressly agreed to them.

(2) Manage-Unique Ltd. offers you the opportunity to obtain information about the services it offers via its website. Manage-Unique Ltd. may block your access to its website at any time and without prior notice:

- If Manage-Unique Ltd. suspects that you are using the website in breach of these terms of use,

- due to justified safety or maintenance reasons.

(3) Manage-Unique Ltd. may make the use of the website or individual functions or the extent to which individual functions can be used subject to certain conditions or dependent on the presentation of certain proof (e.g. proof of identity and/or residence).

§ 2 Consumers and entrepreneurs; proof of your entrepreneurial status

Our website is aimed exclusively at entrepreneurs and not at consumers. If you wish to conclude a contract with us as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), we may request that you provide us with sufficient proof of your entrepreneurial status before concluding the contract, e.g. by providing your VAT ID number or other suitable evidence. The data required for the proof must be provided by you completely and truthfully.

§ 3 Registration on our website; processing of your personal data

(1) You can only visit our website as a guest and not as a registered user. 

(2) For information on the processing of your data, please read our privacy policy, which you can access on our website.

§ 4 Conclusion of the contract; contract language

(1) The presentation of the services on our website does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

(2) The language provided for the conclusion of the contract is exclusively English. Translations into other languages are for your information only. In the event of inconsistencies between the English text and the translation, the English text shall take precedence.

§ 5 Storage of the contract text

The contractual provisions with details of the services booked, including these General Terms and Conditions of Use, will be sent to you by e-mail upon acceptance of the contractual offer or upon notification of this. We do not store the contractual provisions.

§ 6 Obligations of the user in the context of using the website 

(1) When using the Manage-Unique Ltd. website, you are prohibited from infringing the rights of third parties, harassing third parties or otherwise violating applicable law or common decency. In particular, you undertake to refrain from the following actions:

• Disseminating statements with offensive, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise objectionable or prohibited content;
• Insulting, harassing, threatening, frightening, defaming, embarrassing other customers, employees or sales partners of Manage-Unique Ltd.; spying on, passing on or disseminating personal or confidential information of other customers, sales partners, partner service providers or employees of Manage-Unique Ltd. or otherwise disregarding the privacy of other customers, employees, partner service providers or sales partners of Manage-Unique Ltd.;
• Spreading untrue allegations about the race, religion, gender, sexual orientation, origin, social status of other customers, employees or sales partners of Manage-Unique Ltd.;
• Spying on, passing on or disseminating confidential information of the  Manage-Unique Ltd.;
• Spreading untrue claims about Manage-Unique Ltd.;
• Pretending to be an employee of Manage-Unique Ltd. or an affiliated company or partner of Manage-Unique Ltd.;
• Using legally protected images, photos, graphics, videos, pieces of music, sounds, texts, brands, titles, designations, software or other content and labelling without the consent of the rights holder(s) or permission by contract, law or legal regulation;
• Disseminating statements with advertising, religious or political content;
• Use of prohibited or illegal content;
• Exploitation of errors in the programming (so-called bugs);
• Taking measures that could lead to an excessive load on the servers and/or massively impair the process for other customers;
• hacking or cracking and the promotion or encouragement of hacking or cracking;
• Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
• Uploading files that contain viruses, Trojans, worms or corrupted data;
• Using or distributing "auto" software programs, "macro" software programs, or other "cheat utility" software programs;
• Modify the service or parts of it;
• Using software that enables so-called "data mining" or otherwise intercepts or collects information in connection with the service;
• Interference with transmissions to and from the service servers and the website server;
• Intrusion into service servers, data servers or website servers.

(2) Manage-Unique Ltd. draws attention to its domiciliary rights with regard to the use of its Internet offer and expressly reserves the right to extraordinary cancellation of the user contract if one of the obligations regulated in (1) or other applicable law is violated during use.

§ 7 Other obligations of the user

(1) The user shall only use the services of Manage-Unique Ltd. within the framework of these General Terms and Conditions of Use. 

(2) Users may not send or store any data on a data carrier which, due to its type or nature, size or number, is likely to impair the functioning of the computer systems of Manage-Unique Ltd. or third parties or infringe the rights of third parties (e.g. viruses, spam e-mails, etc.).

§ 8 Consequences of breaches of duty

In the event of breaches of the obligations arising from these General Terms of Use, Manage-Unique Ltd. is authorised to block access immediately and without prior notice, as well as to take other appropriate measures to protect against such breaches, in particular to temporarily refuse the provision of services in whole or in part (blocking), if there is reasonable suspicion that the user is violating laws or material contractual obligations when visiting the website.

§ 9 Limitation of liability

We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as a user may regularly rely. In the latter case, however, we are only liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.

The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

§ 10 Amendments, final provisions, online dispute resolution       

(1) Manage-Unique Ltd. is entitled to amend these General Terms and Conditions of Use in part or in full at any time, for whatever reason, provided that the user is not unreasonably disadvantaged as a result. This is always the case if the changes are without financial disadvantage to the user. Manage-Unique Ltd. will inform the user of the changes within a reasonable period of time by e-mail and/or when the user logs in. The user can object to these changes. The user's objection leads to the immediate termination of the corresponding user agreement. However, the changes are deemed to have been approved if the user continues to use the Manage-Unique Ltd. offer after the notified date of entry into force of the changes. Manage-Unique Ltd. will inform the user separately and expressly in the notification of the change to these General Terms and Conditions of Use and Business about the right of objection, the consequences of an objection and the legal consequences of remaining silent.

(2) We reserve the right to discontinue our services and performances at any time and to change the type and scope of the services and performances provided. 

(3) Amendments or additions to these General Terms and Conditions of Use must be made in writing.

(4) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

(5) The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and Manage-Unique Ltd. is 22085 Hamburg, Germany, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding this, Manage-Unique Ltd. remains entitled to sue the user at the user's legal place of jurisdiction.

(6) Should individual provisions of these General Terms and Conditions of Use be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the contracting parties by mutual agreement by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

Status of the General Terms of Use: 17.06.2024