Standard Terms and Conditions for the “iKiosk” Service offered by Axel Springer SE, represented by the directors Dr Mathias Döpfner (chairman of the board), Jan Bayer, Dr Julian Deutz, Dr Andreas Wiele, Axel-Springer-Strasse 65, 10888 Berlin, Local Court (Amtsgericht) of Berlin-Charlottenburg, HRB 154517 B, telephone: +49 30 25910 (hereinafter referred to as “Axel Springer”).
I. GENERAL INFORMATION
1. General information on iKiosk and its offers
1.1. With the iKiosk service, Axel Springer provides a web and app portal via which users are presented with various offers relating to the acquisition of ePapers and various other products, if applicable. The term „ePaper“ means digital editions of content, such as, in particular, newspapers, journals and magazines which are essentially identical to any print versions which may be available.
1.2. Most of the users order at iKiosk directly as consumers. For them, apart from the regulations in section I, also the regulations from section II of these terms and conditions apply. For users who use the iKiosk and its available ePapers based on a contract their employer or any other third party has concluded with Axel Springer, apart from the regulations in section I, also the regulations from section III of these terms and conditions apply.
II. Regulations for directly ordering users
2. Area of application of the terms and conditions
These Standard Terms and Conditions shall apply to the use of iKiosk and to orders via the iKiosk. Whenever the user uses the iKiosk app for an order, the terms and conditions of the third party platform via which the user has acquired the app (e.g. Apple iTunes Store and Google Play Store (see clause 4.2 of these Standard Terms and Conditions)) shall apply instead of, or supplementary to these Standard Terms and Conditions.
3.1 iKiosk offers ePapers of Axel Springer publishing houses, as well as products from other publishers and other third parties. The user's contracting partner on iKiosk will, however, irrespective of the identity of the publisher from whom a product originates, always be Axel Springer or, if an order is placed via the iKiosk app, the relevant provider of the app store (e.g. iTunes or Google Play)
3.2 Users can purchase ePapers as individual retrievals or as subscriptions, if applicable with varying subscription periods. After the order has been placed, the user can then read the ePapers directly online on the website, or via one of the iKiosk apps. If applicable, ePapers can also be downloaded and stored as PDF files; in this case, an according indication is to be found on the product details page. In the iKiosk App the ePaper will be saved within the app for which reason the epaper can be read offline aswell.
4. User account
4.1 Registration of a user account is required for orders via the iKiosk web portal. This user account also controls access to the ordered services in the web portal. Upon finalisation of registration, a contract is concluded between Axel Springer and the user regarding the active use of iKiosk and access to iKiosk.
4.2 Only persons with full legal capacity are allowed to register. If a user registers for a company, he/she represents and legally binds this company. The user confirms to have the corresponding representation authority (the represented companies shall also be referred to as “users” in these Standard Terms and Conditions. The same shall apply to orders via the user account.
4.3 The user data submitted during registration must be correct and, if they relate to mandatory information, complete. Should such data change after registration, the user shall promptly update the data.
4.4 Access data for iKiosk, in particular the password, are for the user only and must always be kept confidential. Should the user learn or have reason to suspect that a third party has obtained possession of the access data, he/she shall inform Axel Springer thereof immediately.
4.5 Axel Springer shall be free to reject a user's registration; no reasons need to be given for such rejection.
4.6 Axel Springer reserves the right to temporarily or permanently exclude a user from use of iKiosk (blocking) if the user has submitted incorrect data upon registration or has otherwise breached these Standard Terms and Conditions.
4.7 Users may terminate the user contract at any time; Axel Springer may terminate the contract at any time upon 14 days' notice and/or with effect as of the expiry date of the user's last current subscription. The blocking right shall exist independently of this, provided that the prerequisites are fulfilled.
5. Technical requirements
In order to be able to use (read and, if applicable, store) the digital products offered at the iKiosk, the user must fulfil certain minimum technical requirements.
5.1 For all content made available on www.ikiosk.de (HTML content and ePapers in PDF format): A regular internet connection, a common internet browser and, in order to be able to read offline the titles offered for downloading, the Adobe Reader programme offered by Adobe Systems Inc., as updated from time to time, or another programme which allows viewing of PDF files.
5.2 For downloading and using the iKiosk app via an app store, the user needs an internet connection for the relevant device. The technical framework conditions for use of the app depend on the requirements specified in the download area or by the provider of the operating system of the user's device (iOS, Android, etc.). In order to be able to enjoy the ordered products in the app, the user has to download the relevant app via the iTunes Store (iPhone, iPad), the Google Play Store (Android) or another app store (if available) and has to install it on the relevant device. In order to be able to properly use the apps and the content, the user furthermore has to have compatible devices and software, in particular the compatible version of the operating system required for the app. It is recommended to use updated versions of the required software. Regular updates of the user's mobile device may also be required. It is the user's obligation to obtain information prior to purchasing the app and/or content as to whether the hardware and software used by the user allows use of the app and/or of the content.
5.3 Axel Springer hereby informs the user that in the event of a retrieval of services via the internet using a corresponding internet or telecommunication connection (applies also to apps) the user may be charged with additional connection costs. Such costs depend entirely on the relevant provisions of the contract between the customer and his/her internet or service provider.
6. Orders; conclusion of the contract
6.1 By clicking on the button “Order Now” at the end of the order process, the user issues a binding offer for the conclusion of a contract on an order in the iKiosk web portal. The contract will be concluded by Axel Springer declaring acceptance of this order via email or by making the product or the product order code available.
6.2 For orders via the iKiosk apps, the relevant provisions of the platform provider shall apply (Apple, Google etc.). For orders via the app store “iTunes” (for users of iOS devices), the relevant Apple group company will be the contracting partner, otherwise, Axel Springer is the contracting partner. The individual steps of the order process furthermore result from the description in the app and/or the relevant platform of the operating system manufacturer of the user's device (iTunes Store, Google Play Store, etc.).
6.3 Only the German language is available for the conclusion of contracts via the iKiosk.
6.4 The contract between the user and Axel Springer is not set out in a separate contract text for the specific user which the user could then access as such at a later date. Rather, the content of the contract results from the ordered product (i.e. the relevant ePaper and the price of the product) and from these Standard Terms and Conditions.
7. Withdrawal right; instructions on withdrawal right
For information on whether the user as a consumer has a statutory withdrawal right, and for the corresponding instructions on such withdrawal rights and the withdrawal declaration template, please go to the following link: Instructions on the right of withdrawal
8. Subscription; periods
8.1 The subscriptions available at www.iKiosk.de usually have a fixed subscription period (i.e. no automatic renewal). The contract on the subscription then ends upon expiry of the subscription period without notice of termination being required.
8.2 Axel Springer may also offer subscriptions with minimum subscription periods, if applicable. In this event, the subscription contract with the user will be continued after expiry of the minimum subscription period for additional periods specified in the offer description, unless the user terminates the subscription before the end of the minimum period or the current renewal period, prior to expiry of the deadline specified in the offer description, in text form (i.e. at least by email).
8.3 The subscription period and/or the relevant subscription model applicable to the offer are set out in the offer description in iKiosk. Neither the individual retrieval nor the subscription of an ePaper requires a subscription of the corresponding print publication.
8.4 If a subscription is ordered via the iKiosk app, the provider of the relevant app store (iTunes Store, Google Play Store etc.) can also influence the available subscription models. Whilst subscriptions via one app store may always expire at the end of the corresponding subscription period (see clause 8.1), this may not be the case in a different app store (e.g. iTunes at the time of the drafting of these Standard Terms and Conditions), and the subscription may be renewed automatically by the period of the original subscription period. Insofar, the terms and conditions of the relevant platform shall apply in addition to the offer description and clauses 8.1 and 8.2 of these Standard Terms and Conditions. Some app stores offer special ways to end a subscription, for instance via a corresponding menu option in the store.
8.5 Contracts relating to offers where two or more ePaper subscriptions are combined in one offer (so-called Bundles) (for the purposes of these Standard Terms and Conditions and the instructions on withdrawal rights: “Bundle Contract”) shall be considered to be uniform contracts.
8.6 Both Parties reserve the right to terminate a subscription or a Bundle Agreement for cause with immediate effect. Such termination notices must be set out in text form.
9. Prices and terms of payment
9.1 The prices for the individual offers are shown in the relevant offer description. However, Axel Springer reserves the right to offer preferential prices to users who at the same time subscribe to the corresponding print version.
9.2 Prices for the subscription of certain ePapers may decrease or increase during the term of a subscription or Bundle Contract. Such changes will not affect the ongoing subscriptions or Bundle Contracts. However, if the user intends to actively renew a subscription, the subscription price applicable at that time shall apply to the renewal, which may also have an effect on the price of a Bundle Contract.
Regarding the iKiosk apps, the provider of the relevant app store (iTunes Store, Google Play Store etc.) also has an influence on price changes for ongoing subscriptions. In particular, the automatic renewal option for the subscription may be disabled in the event of future price increases, and the subscription may end in this way without the user having to take any action at all. If the user wishes to renew the subscription in spite of the price increase, he/she must activate the renewal function again.
9.3 The specified prices always include statutory value added tax. Shipping costs do not apply.
9.4 The subscription period (also for Bundle Contracts) cannot be interrupted. Therefore, subscription fees will not be reimbursed in the event of such interruptions.
9.5 Axel Springer may offer the option of “pooling” several individual orders during a defined period with regard to the invoicing of the remuneration and the account statements. Accounting will then be done in a bundled form at the end of the relevant period and, if all or individual subscriptions are renewed, in a bundled form at the end of corresponding, subsequent intervals.
9.7 If direct debit has been agreed for payment of the invoice, the recipient of such payment shall be obligated to inform the customer in advance of the amount and the debit date. The Parties agree that this obligation to provide advance information shall be shortened to one business day.
9.8 Upon a corresponding request, the user may be provided with an invoice for the ordered services in electronic form, to the email address specified by the user.
9.9 Should the user fail to fulfil his/her payment obligations or should payments be charged or transferred back, Axel Springer shall, notwithstanding claims going beyond this, have the right to block the user's access to the ePaper. If a blocking is imposed due to open payment claims, and the user settles such claims, access will be unblocked.
10. Exploitation rights
10.1 The user has the right to use the aquired epaper on up to 5 different devices, meaning to show it online on his devices. He may also, if offered, download and store the epaper. If the user downloads the ePaper (also as a PDF file), he/she may store the file once on the device he/she uses, i.e. may create one corresponding copy.
10.2 Use of the ePapers is only permitted for own, non-entrepreneurial, non-commercial purposes (for consumers); is the user an entrepreneur the use is indeed allowed for professional information, but a further use – especially according section 10.3 – is not possible.
10.3 Other or further use or exploitation is not permitted and against the law. Neither Axel Springer nor the publisher who publishes the ePaper grants the user such usage rights. Therefore, it is in particular strictly prohibited:
• to create additional copies of the ePaper or its content, to edit or redesign the ePaper and to publish or exploit the result to forward the ePaper to third parties or to disseminate it in other ways, to make the ePaper publicly accessible or to send it to third parties.
• to exploit the epaper and its content in any way for entrepreneural purposes pursuant to Section § 14 BHB (commercially, self-employed, journalistically, commercially, for an employer or client or such), whether for user’s purposes or third parties’ purposes and no matter by which action (duplication, editing, redesigning, dissemnation via a (even if only an internal) database or similar). This also covers usage in intranets or extranets, in press reviews or for content aggregation.
If the user would like to use the epaper and/or its content for commercial purposes, he has got the opportunity to get an according licence agreement from the Axel Springer Syndication (www.axelspringer-syndication.de)
10.4 Clause 10.1 - 10.3 shall apply, subject to statutory restrictions which may apply (for instance under copyright law), irrespective of the purpose of usage or exploitation, and irrespective of the form or embodiment of the ePaper at the relevant time. Furthermore this not only applies to the ePaper as a whole but, subject to statutory restrictions which may apply (for instance under copyright law), also to the individual articles, photographs and other individual components and parts thereof, except if such components on their own do not enjoy copyright or other statutory protection.
10.5 In order to prevent abuse, Axel Springer furthermore reserves the right to mark the ePaper with features which cannot easily be detected by the user. Axel Springer may in particular mark the downloadable ePaper with the user's name and email address.
10.6 Axel Springer reserves the right to block the user's access to the ePaper(s) if the user acts in breach of clauses 10.1 to 10.4, or has enabled third parties to use or exploit an ePaper or parts thereof without authorisation.
11.1 Axel Springer sometimes offers ePaper products which are linked to an add-on which is not priced. The user receives the add-on if he/she concludes the corresponding contract with Axel Springer and does not withdraw from the contract.
11.2 If the contract ends prematurely due to avoidance or extraordinary termination, the relevant add-on must be returned to Axel Springer. If the user cannot return the add-on, or can only return it in a deteriorated condition, the user shall pay compensation in accordance with Section § 346 of the German Civil Code (BGB). Any deterioration which originates from the use of the add-on as intended shall not be taken into consideration for the calculation of the compensation. The details of the add-on and the conditions for its utilisation are set out in the relevant offer.
The statutory provisions regarding liability for defects shall apply to the ePapers.
13. Use of the email address pursuant to Section 7 (3) of the Act against Unfair Competition (UWG)
13.1 Within the limits of the statutory permission under Section 7 (3) of the UWG, Axel Springer has the right to use the email address submitted by the user for orders via iKiosk for direct advertising for own products and/or services which are similar to those ordered by the user.
13.2 However, should the user not (or no longer) wish to receive such direct advertising from Axel Springer, he/she can object at any time to the corresponding use of the email address, by sending an email to the address specified in the iKiosk contact information section, in iKiosk under “My Account” by removing the corresponding checkbox, or in writing to Axel Springer, without this causing costs other than the transmission costs under the basic rates.
The following shall apply to Axel Springer's liability for damages:
14.1 If a contract relates to fee-based products (regarding contracts on free services see clause 14.3), Axel Springer shall always be liable in accordance with the statutory provisions for damage incurred by the user and caused intentionally or in a grossly negligent manner, or caused as a consequence of the non-availability of a guaranteed characteristic of the object of the performance, as a consequence of a culpable causing of adverse health effects, bodily injuries or death, or which is subject to liability under the Product Liability Act (ProdHaftG).
14.2 If essential contractual obligations (so-called cardinal obligations) are breached by mere simple negligence, liability - except if it relates to bodily injuries, adverse health effects or death, or a promised guarantee - shall be limited to the damage which has to be anticipated typically and foreseeably within the framework of the provision of services such as those to which the contract relates.
Cardinal obligations shall mean those contractual obligations the fulfilment of which is what makes the proper implementation of the contract possible, and in compliance with which the contracting partner may usually trust, and the breach of which on the other hand endangers the purpose of the contract.
14.3 If a contract relates to free services, Axel Springer shall only be responsible for intent and gross negligence, in accordance with the liability provisions in Section 521 of the BGB, independently of the provisions in clauses 14.1 and 14.2.
14.4 Otherwise, any liability - irrespective of its cause in law - on the part of Axel Springer and its vicarious agents and assistants, shall be excluded.
14.5 If a damage incurred by the user results from the loss of data, Axel Springer shall not be liable if such damage could have been avoided had the user carried out a regular and complete back-up of all relevant data, with a frequency which is adequate in view of the value of the data.
All information on the collection, processing and use of personal data on and in connection with the portal can be found in the Data privacy. To services provided to the user via a different telemedia service (website, app), the data privacy provisions set out there shall apply.
16. Changes to these Standard Terms and Conditions
16.1 Axel Springer reserves the right to change these Standard Terms and Conditions at any time and without stating reasons for such changes. The new Standard Terms and Conditions shall be sent to the user by email. They shall be deemed to have been agreed unless the user objects to their application within 14 days from receipt of the notification.
16.2 As an alternative to clause 16.1, the Standard Terms and Conditions may also be presented to the user during his/her next login via his/her user account. In this event, the new Standard Terms and Conditions are agreed upon by the user giving his/her consent during his/her next login. They shall be deemed to have been agreed unless the user objects to their application within one month from their initial presentation. The objecting notification requires text form in this event as well.
16.3 Objection notifications under clauses 16.1 and 16.2 require text form, i.e. at least email. In the notification on the change of the Standard Terms and Conditions, the user shall be informed separately of the option of objecting, the applicable deadline and the consequences of a failure to act. Should the user object or refuse to consent, Axel Springer and the user shall both have the right to end the existing contracts by way of termination with immediate effect.
16.4 The option of changing these Standard Terms and Conditions under this clause 16 shall, however, not apply to changes which restrict the contents and scope of the user's core usage options of iKiosk or the ordered products to the user's disadvantage, nor for the introduction of new obligations for the user which had up to then not been incorporated in these Standard Terms and Conditions.
17. Choice of law & consumer rights
The contracts concluded via iKiosk, including these Standard Terms and Conditions, shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods and the provisions of German and European international private law. If the user has concluded the contract in his/her capacity as a consumer, the mandatory consumer protection provisions applicable in the country in which the user has his/her usual place of abode shall apply additionally, in as far as that these provisions grant the customer more protection.
Information according to § 36 consumption regulation law
Axel Springer SE, iKiosk does not participate in a voluntary dispute settlement procedure in front of a German consumer protection agency. There is no legal obligation.
18. Severability clause
Should individual provisions in these Standard Terms and Conditions, including this provision, be entirely or partially invalid, this shall not affect the validity of the remaining provisions or parts of such provisions. The invalid or missing provisions shall be replaced by the applicable statutory rules.
III. Special provisions considering the indirect procurement of epaper via iKiosk
19. Contractual relationships
19.1 If the user uses iKiosk and the there available epapers based on a contract between his employer or another third party and Axel Springer or would like to do so, the contract in return for payment is made between employer or third party on the one hand and Axel Springer on the other hand.
19.2 But there is a contract free of charge between the user and Axel Springer concerning the use of the iKiosk or the iKiosk App and the access to the provided epaper. For this contract the clauses in section I and the clauses of section III of these terms and conditions apply. Whenever the user uses the iKiosk app for an order, the terms and conditions of the third party platform via which the user has acquired the app (e.g. Apple iTunes Store and Google Play Store (see clause 4.2 of these Standard Terms and Conditions)) shall apply instead of, or supplementary to, these Standard Terms and Conditions.
20. Applicable regulations of section II
20.1 For the contract with a user according to this section III, the following regulations of section II of these terms and conditions also apply directly or are accordingly applicable: Number 3.2 (whereby the aquisition is done by the employer or the third party), 4.2 bis 4.4, 4.6, 4.7, 5, 13, 14.3 and 15 to 18.
20.2 The user generally aquires the exploitation right as described in section 10.1 to 10.3 of these terms and conditions, unless the employer or a third party has aquired other or further exploitation rights which apply to the user. The contract between the user’s employer or the third party and Axel Springer is essential.
Effective: August 2016