Terms of service for customers

1. Scope - Definitions

1.1    These general terms and conditions (GTC) apply to all legal relationships between Live & Study UG (limited liability). Güterstrasse 2, 94469 Deggendorf, www.live-and-study.com, managing directors Roland Hofmann, Manuela Berndl, Roland Wanninger (hereinafter referred to as "Live & Study") and advertisers (hereinafter referred to as "Customer") via the Live & Study platforms ( Website and mobile app; hereinafter "platform") available offers and services for renting student flats / apartments and student rooms (hereinafter referred to collectively as "property") in the context of the Live & Study database (hereinafter "database").
1.2    A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3    An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4    On the Live & Study platform, various other related services (in particular for real estate and relocation) can be offered, which are also subject to these terms and conditions, unless otherwise agreed.
1.5    Conditions of the customer that contradict or deviate from these GTC will not be recognized unless Live & Study has expressly agreed to their validity. The terms and conditions of Live & Study also apply if the customer unconditionally accepts the service of Live & Study while being aware of conflicting or deviating conditions.
1.6    Individual agreements made with the customer on a case-by-case basis always take precedence over these terms and conditions.
1.7    With regard to entrepreneurs, these terms and conditions also apply to all similar future business with the customer by way of a framework agreement.
1.8    In the case of deviating or contradicting conditions, the individual agreement applies first, then the respective specific contract including any annexes and then these terms and conditions.

2. Live & Study services - availability - price adjustment when the platform changes

2.1    On the platform www.live-and-study.com from Live & Study, customers receive the paid option to place their own properties on the search platform for prospective tenants (users).
2.2    Live & Study shows users the free properties entered by customers in the database according to the search criteria entered by the user.
2.3    Further communication between the customer and the user about a possible rental agreement takes place outside the Live & Study platform. Contracts for the rental of apartments are concluded exclusively between the customer as the provider of the property and the user as the seeker of a rental property.
2.4    The real estate offers posted by the customer can be accessed using the general search function on the Live & Study website, along with all other real estate offers.
2.5    Registered customers can view statistics on search queries in the customer area that has been set up.

3.    technical availability

3.1    Live & Study, as a web hosting provider, keeps the offer submitted by the customer stored on its servers and available for retrieval (so-called hosting). Live & Study does not owe the transmission of the information to the retrieving user; this is solely a matter for the network operator claimed by the user.
3.2    Live & Study guarantees a minimum availability of 98% of the platform and database for the duration of the contract.
3.3    Live & Study will endeavor to rectify any disruptions in the server operation. If possible, Live & Study will carry out any necessary interruptions to the server operation outside of main business hours (between 9:00 p.m. and 6:00 a.m. as well as on Sundays and public holidays). The customer is aware that constant and uninterrupted availability of the platform and the database is technically not feasible.
3.4    Live & Study is entitled to further develop the design of the Live & Study platform and services, including functionalities and content, within the scope of the state of the art and changes in technical standards, taking into account the legitimate interests of customers and users. If such a further development leads to the expansion of the services of the respective booked product, Live & Study is entitled to adjust the agreed prices in accordance with the added value created in the case of upcoming contract extensions.

4. Registration of the customer - access - password

4.1    In order to be able to post their own real estate on the Live & Study platform as a customer or to change the posted content, the customer must register on Live & Study. In doing so, the customer must provide his full billing address and his email address.
4.2    The customer has to enter his own password to access the customer area. The customer's email address and password serve as access data for using the Live & Study services that require registration.
4.3    The customer has to keep his password secret and is not allowed to pass it on to third parties. Should third parties learn of the customer's password, the customer must report this to Live & Study immediately and change his password immediately.

5. Preliminary inquiry - conclusion of contract - change of data

5.1    Customers who want to become a provider on Live & Study can fill out a contact form on the Live & Study website for a non-binding request for inclusion in the database and send it to Live & Study. This preliminary inquiry is completely non-binding.
5.2    Live & Study will then contact the customer using the contact details provided by the customer and we will send the customer an offer to join Live & Study.
5.3    The customer can then accept the offer by returning it. By returning the registration data and the content intended for entry in the database, the customer accepts Live & Study's offer to conclude a contract for the temporary inclusion and provision of its content in the database.
5.4    The customer can make changes to the data or the content entered by the customer in his customer area if he is logged in.

6. Customer obligations - real estate ad requirements

6.1    Customers are only allowed to post serious real estate offers on the Live & Study platform. Objects, advertisements and content that violate the General Equal Treatment Act (AGG) or other statutory provisions, such as good morals (e.g. raffles, competitions), or the rights of third parties are considered dubious real estate offers.
6.2    A dubious offer also applies to the referral of interested parties to paid internet or telephone services (in particular 0190 or 0900 numbers), or the disclosure of address data for objects or contact details only after (chargeable) registration with the customer or with third parties.
6.3    The property information must be complete and correct in fact and in law. Pictures must show the offered object or parts of it.
6.4    The information transmitted to Live & Study must be given carefully and truthfully and must be deactivated immediately if the object offered is no longer available (e.g. reserved or rented).
6.5    The booking of a single advertisement is only valid for 1 (one) object and only for the object originally posted. Exchanging the object or placing several objects in an offer is not permitted. A violation leads to the immediate deactivation of the individual advertisement without prior warning from Live & Study.
6.6    If there are several units of a property in one property (dormitory), a separate contract must be concluded for each dormitory. The dormitories may not be exchanged.
6.7    The customer undertakes to only offer real estate offers from its own marketing portfolio or for which there is a direct marketing order (brokerage contract, agency agreement, etc.).
6.8    The resale of advertisements or other services from Live & Study is prohibited. Account use or shared use of accounts by third parties is also not permitted. Live & Study has the right to request proof of the marketing order for the respective object in the event of a suspected violation of the aforementioned obligations.
6.9    Live & Study is entitled to block or deactivate / delete the affected offers immediately, without prior notice, if one of the customer's obligations mentioned in this section 5 is not complied with. The customer's obligation to pay the agreed remuneration remains unaffected.
6.10   The customer must ensure that the content transmitted by him does not contain any viruses, Trojans or other harmful programs.
6.11    If the above obligations are repeatedly disregarded despite a corresponding notification from Live & Study, Live & Study is entitled to terminate the contract with the customer without notice for an important reason.

7. Responsibility for the customer's content and communication between the customer and other users

7.1    The customer is responsible towards Live & Study and any other third party, in particular users and visitors to the website, for the legal and factual completeness and correctness of the data, offers and other information provided by him, as well as compliance with relevant legal provisions (e.g. with regard to consumer rights) in connection with the initiation and conclusion of his own contract with third parties (e.g. rental agreement).
7.2    The customer is responsible for the content he has posted and for communication with other users via the Live & Study platform.
7.3    In particular, the customer is responsible for ensuring that his content is not illegal and does not violate any third party rights (e.g. copyrights or trademark rights, personal rights, rights to his own image) or offend against common decency.
7.4    Live & Study is not obliged to check the content uploaded by the customer.
7.5    Insofar as Live & Study is used by third parties due to the violation of rights and other legal violations due to incorrect, incorrect, incomplete or illegal data, offers, other information or content or communication data of the customer, and provided Live & Study is not liable to the customer in this regard according to section 10, the customer will fully exempt Live & Study from these claims. This also includes the necessary legal defense costs for Live & Study. The prerequisite for this is that Live & Study informs the customer immediately in text form about asserted claims and legal violations, does not make any concessions or acknowledgments, or makes equivalent declarations without coordination with the customer and enables the customer to conduct all judicial and extrajudicial negotiations on the To lead claims.
7.6    Live & Study reserves the right to assert further claims.
7.7    In the event of a violation of the regulations described in Section 7, Live & Study is entitled to reject the content and communication, or to delete or deactivate them immediately and without prior consultation with the customer.
7.8    The customer is obliged to only use the information received via the Live & Study website about users or visitors to his real estate offers in a specific context. Any transfer of user / visitor data to third parties or use for other purposes is expressly prohibited.

8.    Usage rights

8.1    By placing content in the database, the customer grants Live & Study the right to use this content free of charge and for the duration of the contract with the customer on the Live & Study platform and in the database for retrieval by third parties, in particular the content save, reproduce, edit, keep ready, transmit, transmit, publish and make publicly accessible, also through or in the form of online advertising banners and other advertising materials from Live & Study and its cooperation partners or in the context of so-called retargeting marketing .
8.2    Live & Study is also entitled to use the content placed in the database in compliance with data protection regulations for the purpose of analysis, further development of the platform and product development and marketing to the aforementioned extent.
8.3    Live & Study is entitled, but not obliged, to distribute the posted content free of charge to the customer via other websites, mobile apps and software applications of cooperating real estate exchanges and other partners, as well as via social media channels and by means of print cooperations.

9.    Rights to the database

9.1    All copyrights, trademarks and other property rights to the database and the Live & Study platform as well as the database belong exclusively to Live & Study; Any rights of the customer to the content posted by him remain unaffected.

10.   Warranty - liability

10.1    For customers who are consumers, the statutory warranty claims apply.
10.2    Live & Study assumes no liability for the correctness and completeness of the information provided by the customer, content posted, statements made, as well as for the identity and integrity of the users.
10.3    The following applies to damage suffered by the customer in connection with the Live & Study platform and the service provided by Live & Study, subcontractors or their respective vicarious agents: Live & Study is fully liable in accordance with the statutory provisions for damage to life, body and health, for damage based on a negligent or willful breach of duty by Live & Study, its legal representatives or its vicarious agents, for damage that is covered by liability under the Product Liability Act, as well as for damages based on intentional or grossly negligent breaches of contract as well as malice on the part of Live & Study, its legal representatives or vicarious agents.
10.4    In the event of a slightly negligent breach of essential contractual obligations, Live & Study’s liability is limited to property and pecuniary damage attributable to the foreseeable, typically occurring damage. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and may rely. Any further liability is excluded.
10.5    Live & Study is liable for data loss and costs of useless data entry within the framework of the above provisions only for the effort that is necessary for the reconstruction of the data with proper data backup by the customer.
10.6    Any further liability is excluded. As far as the liability of Live & Study is excluded or limited, this also applies to the personal liability of its employees, workers, employees, representatives or vicarious agents.

11.    Prices, due dates, payment and withholding performance

11.1    All prices are total prices in euros, including the applicable statutory sales tax.
11.2    The prices and products for the individual Live & Study services are based on the prices applicable at the time the order is placed and the product range. In the case of an automatic contract term extension, the remuneration for the additional contract term due to the extension is determined in each case according to the price list of the products, which is valid for the customer four weeks before the time of the contract extension. In the event of a price increase of more than 10% of the last valid price, the customer has a special right of termination within 12 months from the time the intended price increase takes effect; This right of termination is to be exercised by the customer with a notice period of four weeks from the notification of the price increase.
11.3    The remuneration for the service of Live & Study is due for payment in advance with the invoice for the contract period or the respective extension period.
11.4    Insofar as a monthly payment method has been agreed upon, Live & Study is entitled, in the event of the customer's delay with a due payment of more than 30 days, to make the entire fee for the remaining period due, i.e. also in advance for the remaining period and to demand.
11.5    In the direct debit procedure, Live & Study will not collect the invoice amount from the agreed account before the second day after receipt of the invoice (= pre-notification) (= due date). Payments on account are due immediately.
11.6    Invoices are sent by post, e-mail or are made available online.
11.7    Live & Study reserves the right to expand or limit the range of payment methods (also for individual products or services) at any time.
11.8    In the event of default in payment by the customer, or the endangerment of Live & Study’s payment claim due to a significant deterioration in the customer’s financial situation within the meaning of Section 321 of the German Civil Code, Live & Study is entitled to suspend the contractual service until the customer has paid his due liabilities. Live & Study AG does not lose the right to the consideration.

12.    Duration of the contract - termination - termination of the contract

12.1    Unless otherwise agreed, the contract period is 12 months after the conclusion of the contract. The contract is automatically extended for a further 12 months, unless it is terminated in writing at least 4 weeks before the end of the contract.
12.2    Any termination must be in writing to be effective.
12.3    The right to extraordinary termination remains unaffected for both parties. An important reason is given in particular if there are circumstances that make a continuation of the contract unreasonable for the contracting parties.

An important reason for termination exists for Live & Study, for example, if

• In the case of monthly payments, the customer is in arrears with the payments of the monthly basic prices or a not inconsiderable part of the basic prices for two consecutive months,

• the customer is in arrears with monthly payment in a period of time that extends over more than two dates with the payment of the monthly basic prices in the amount of an amount that reaches the total amount for two monthly basic prices,

• the customer is more than two weeks in arrears with an incumbent payment of an invoice amount or an amount corresponding to an invoice amount,

• the customer finally stops his payments,

• the customer is insolvent, an application has been made to open insolvency or composition proceedings, or such an application is imminent after publication in the media.

13.    Complaint management system

13.1    Live & Study has set up an internal system for handling complaints from its commercial customers when using its portal and its services. This complaint management system complies with the requirements of EU regulation 2019/1150 and can be reached via the contact options listed at www.life-and-study.de. Complaints received are carefully checked and dealt with quickly. Questions about complaint management itself can also be submitted via the aforementioned contacts. The system is checked regularly, but at least once a year, and updated if necessary.

14. Changes to these terms and conditions

14.1    Live & Study reserves the right to change these terms and conditions at any time with a reasonable notice period of at least 15 days. The announcement is made by notification of the changed terms and conditions on a permanent data carrier (e.g. e-mail) stating the time when the changes become effective. Otherwise, the requirements of Art. 3 Paragraph 2 and 4 of Regulation (EU) 2019/1150 apply.
14.2    The customer is entitled to terminate the contract in writing within the above-mentioned period with effect from fifteen days after receipt of the notification in accordance with the preceding paragraph, unless a shorter period applies to the contract. The customer can waive this deadline, e.g. by posting new offers before the deadline, provided the reasonable deadline was not more than 15 days.

14.3    If the customer fails to terminate, the amended terms and conditions are deemed to have been accepted. In the announcement of the change, the right of termination and the meaning of the deadline will be pointed out separately. In the event of termination, the customer remains obliged to pay for the services provided by Live & Study according to the respective contract up to the time the termination becomes effective.

15.    Listing as a reference customer

15.1  Live & Study is free to use press releases or reference lists to inform the public about general cooperation with the customer and the project, e.g. to name the customer as a reference customer on the Live & Study website, unless the customer expressly objects to this in text form.

16. Choice of law, contract language, storage of the contract text, transfer of rights, place of jurisdiction

16.1    The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. In the event that the customer is a consumer, this only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
16.2    The contract language is German.
16.3    The contract is saved electronically at Live & Study, but for security reasons it cannot be viewed by the customer after the contract has been concluded.
16.4    Live & Study is entitled to transfer individual rights and obligations from the contract to a company affiliated with Live & Study without the express consent of the customer being required. A change in the law of a contractual partner does not affect the contract.
16.5   If the customer is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Deggendorf. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if their domicile or habitual abode are not known at the time the action is brought. Live & Study is also entitled to sue the customer at his general place of jurisdiction.

17.    Reference to the dispute settlement platform of the EU and information according to VSBG

17.1    The European Commission provides a platform for online dispute resolution (OS platform). This gives consumers the opportunity to initially settle disputes in connection with their online order out of court. The OS platform can be reached under the following link: ec.europa.eu/consumers/odr. Our email is: mail@live-and-study.com

17.2    We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

18.    Cancellation policy - cancellation form

Consumers have the following right of withdrawal, about which we instruct as follows.