General Terms and Conditions (GTC)Terms of Service & Privacy Policy – 25. Jan 2021
§ 1 Parties and applicability
These Terms of Service (ToS) apply to all contractual relations of ChurchCurator, owned by Andreas Schwarzkopf (ChurchCurator), with all physical and legal persons (users), regarding the web service ChurchCurator (§2), even if access to this service is from outside the Federal Republic of Germany.
Conflicting or differing terms and conditions are not recognized until they are in written form and approved in writing by ChurchCurator.
These Terms of Service apply to all users with exception of rules that apply specifically restricted to defined users or user groups.
These Terms of Service (ToS) apply to all contractual relations of ChurchCurator, owned by Andreas Schwarzkopf (ChurchCurator), with all physical and legal persons (users), regarding the web service ChurchCurator (§2), even if access to this service is from outside the Federal Republic of Germany.
Conflicting or differing terms and conditions are not recognized until they are in written form and approved in writing by ChurchCurator.
These Terms of Service apply to all users with exception of rules that apply specifically restricted to defined users or user groups.
§ 2 ChurchCurator Platform
(2.1) Service description
–
ChurchCurator operates a web based software platform located at
www.church-curator.com which assists in administrating churches,
church groups and church members (ChurchCurator platform).
(2.2) Churches
–
Through a physical person (administrator), churches can create a new
church account on the ChurchCurator platform. At the same time they
create an user account for this administrator. Every church can
invite more users to the platform; these users then gain access to
their profile under the churches account.
The church utilizes the ChurchCurator platform in order to
administrate its data, most notably the church members profile data.
The church is responsible and liable for the data used, stored and accessed under the churches account. ChurchCurator just offers the platform and only stores a minimal set of data (see the privacy policy) of its users for itself. It mainly is a tool provided for churches and the church is liable to comply with data protection and privacy laws.
The church is responsible and liable for the data used, stored and accessed under the churches account. ChurchCurator just offers the platform and only stores a minimal set of data (see the privacy policy) of its users for itself. It mainly is a tool provided for churches and the church is liable to comply with data protection and privacy laws.
(2.3) Administrator
–
The administrator guarantees to be entitled to represent the church
for which he creates an account - irrespective of its legal
appearance. On demand he has to proof the authority to represent
the church. Every administrator is at the same time a user of the
ChurchCurator platform.
(2.4) Contractual relationships
–
Based on these terms of service a contract between
the church, represented by the administrator, and ChurchCurator is
concluded, with the contents of creating and operating a church
account on www.church-curator.com against payment.
Furthermore an independent contract between every user who accepts an
invitation for participation in the ChurchCurator platform and
ChurchCurator is concluded, with the content to use the platform
in compliance with these terms of service.
Additionally a third contract is concluded between the church and
the invited user, with the content to administrate the users profile
data in compliance to these terms of service.
The church is solely liable to comply with local government rules on
data privacy and protection.
(2.5) User
–
The usage of the ChurchCurator platform is always scoped under the
church account and requires an invitation by the administrators
representing the church. There is no entitlement to participation
for the ChurchCurator platform. Every user is supposed to convince
himself of the identity of users, the church and any other data he
interacts with. It can not be ruled out, that for other user accounts
wrong contact data or otherwise malformed data was provided.
(2.6) User content
–
Every user is responsible for data and contents he stores, requests or
makes accessible to third parties via the ChurchCurator platform.
Illegal, inappropriate, violent and/or discriminating content may not
be made accessible via or saved on the ChurchCurator platform.
Churches are responsible for the data under their church account.
In particular churches undertake efforts to save and backup data of
the church account on a regular basis. ChurchCurator cannot be held
liable for any kind of data loss.
(2.7) Obligations of users
–
Users are expected to interact in a considerate and appropriate way
amongst each other, towards the church and ChurchCurator.
Users who do not possess (full) legal capacity need the consent of
their legal representative. This consent must be presented in a
written form on demand.
Users may not abuse their access to the ChurchCurator platform in
any way. Users have to protect their personal access data from being
used by third persons and must take care to not make these credentials
accessible to others.
(2.8) ChurchCurator
–
In case of non-compliance or in case of a reasonable suspicion of
non-compliance with these terms of service, ChurchCurator is entitled
to disable user or church accounts temporarily or permanently, or
completely remove these accounts from the ChurchCurator platform.
ChurchCurator reserves the right to exclude removed users permanently
even by the use of technical precautions and filters.
ChurchCurator will warn and set a reasonable deadline before removing
a user from the platform, unless in severe cases, where it is not
reasonable for ChurchCurator to continue the service.
ChurchCurator constantly makes effort to provide the continuous
availability of the service, except for usual downtimes like
maintenance work or software upgrades for example.
In case ChurchCurator is on a given month less than 90% of the
time available and is liable for this service interruption,
ChurchCurator will reimburse the payments proportionally to the
interruption rate.
(2.9) Profile deletion
–
A user can update a profile on its own any time. An administrator
can add additional data and administrate the profile as well.
A complete deletion of the whole record may be necessary based on
a users request based on local laws and has to be performed by the
church.
A user may revoke his registration on the ChurchCurator platform at
any time. A church may remove a users account at any time.
§ 3 Exclusion of liability
Liability is not excluded for the either grossly negligent or wilful causing of any damage event or personal injury and it is not excluded for a grossly negligent breach of our duty (like not providing the service for the guaranteed time) or core components of it, no matter if it is caused by ChurchCurator, its legal representatives or vicarious agents. Liability beyond the cases of paragraph (1) is excluded. ChurchCurator may not be held liable for damage due to force majeure, riots, war and natural disasters or other circumstances which lie outside its sphere of influence (e.g. strike, lockout, traffic disruptions, orders from higher authorities). In particular ChurchCurator may not be held liable for the loss of data or enforcement of local data protection and privacy laws which is the task of the churches, which are using the platform.
Liability is not excluded for the either grossly negligent or wilful causing of any damage event or personal injury and it is not excluded for a grossly negligent breach of our duty (like not providing the service for the guaranteed time) or core components of it, no matter if it is caused by ChurchCurator, its legal representatives or vicarious agents. Liability beyond the cases of paragraph (1) is excluded. ChurchCurator may not be held liable for damage due to force majeure, riots, war and natural disasters or other circumstances which lie outside its sphere of influence (e.g. strike, lockout, traffic disruptions, orders from higher authorities). In particular ChurchCurator may not be held liable for the loss of data or enforcement of local data protection and privacy laws which is the task of the churches, which are using the platform.
§ 4 Changes of these Terms of Service
These ToS Diese ToS are binding in their most recent version. Changes get announced publicly and in a well suited way on the web page www.church-curator.com giving sufficient time for users to get updated, before taking effect.
These ToS Diese ToS are binding in their most recent version. Changes get announced publicly and in a well suited way on the web page www.church-curator.com giving sufficient time for users to get updated, before taking effect.
§ 5 Applicable law / place of jurisdiction
The contractual relationship between ChurchCurator and it users and/or the churches is solely subject to the law of the Federal Republic of Germany, under exclusion of the UN sales law. In case the parties are able to prorogate, for legal disputes between ChurchCurator and its users, the registered office of the ChurchCurator is also the agreed place of jurisdiction. ChurchCurator is still entitled to sue the user at his place of residence.
The contractual relationship between ChurchCurator and it users and/or the churches is solely subject to the law of the Federal Republic of Germany, under exclusion of the UN sales law. In case the parties are able to prorogate, for legal disputes between ChurchCurator and its users, the registered office of the ChurchCurator is also the agreed place of jurisdiction. ChurchCurator is still entitled to sue the user at his place of residence.
§ 6 Privacy Policy
(6.1) ChurchCurator stores for each user in a technical user account
record only the e-mail address which was used by the church in order
to invite the user, the users password and his association to the
churches account.
(6.2) Additional data, like for instance the profile data, which is
maintained by the church or which is provided by the user for the
church, is processed by the church, which is just using the
infrastructure and services of the ChurchCurator platform.
(6.3) ChurchCurator utilizes the AWS service provided by the company
Amazon for its data storage. The computational processing of the data
takes place on Amazon servers as well and is located inside the
European Union. All data connections are SSL encrypted.
(6.4) Google Analytics – The website www.church-
curator.com uses Google Analytics, a web analyzation service by
Google Inc. („Google“). Google Analytics uses so called. „Cookies“,
small text files, that are stored on the users computer.
The informations stored by these cookies allows google to analyze the
usage and browsing patterns on the website and usually this data
is sent to and stored on Googles servers in the USA.
Google uses this information in order to create reports on how the
website gets used. The data that gets transmitted does not contain
user data. The technical IP address that gets transmitted by the
users browser does not get combined with other data from Google.
The user may prevent his browser from using cookies by making
appropriate settings; but we point out, that in this case we may
not be able to provide a working version of ChurchCurator as
such settings might affect different parts of the software.
By using the ChurchCurator website the user agrees that Google
processes the mentioned data in the above described way.
(6.5) Mobile App. We publish a ChurchCurator Android App
via GooglePlayStore and and iOS App via Apples App Store.
The App itself is built with Expo.js and uses the "Expo Push
Notification System". The push notifications are technically
transmitted to Expos servers for delivery. Other than that,
the App has no other benefit. You may choose to not use it at all.
No additional data is stored on ChurchCurators servers except
for the push token. Expos terms may change in the future, but
according to their terms of service the push notifications
are not stored permanently and only travel their systems for
delivery.
Using Google Playstore and the Apple App Store may make
personal data available to those companies, depending on how you
access their systems. We have no influence on those stores.
§ 7 Salvatoric clause
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid. The parties undertake to replace the invalid clause with a valid clause coming closest to the original, but invalid clause.
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid. The parties undertake to replace the invalid clause with a valid clause coming closest to the original, but invalid clause.
§ 8 Revocation instructions
The following provisions will be applicable to the user as consumer in the sense of the law (§ 13 German Code of Civil Procedure):
The following provisions will be applicable to the user as consumer in the sense of the law (§ 13 German Code of Civil Procedure):
(8.1) Right of revocation
–
You can revoke your contractual declaration within 14 days in writing
(e.g., letter, fax, e-mail) without stating reasons.
The withdrawal period starts when this information is received in
writing, but not before contract agreement and also not before our
obligation for information according to art 246 § 2 in connection with
§ 1 par. 1 and 2 EGBGB (Introductory Act to the German Civil Code) as
well as our obligation according § 312g par. 1 sentence 1 (German Civil
Code) in connection with art. 246 § 3 EGBGB (Introductory Act to the
German Civil Code) is fulfilled.
To observe the revocation period it is sufficient to send off the
revocation in time.
The revocation must be sent to: Andreas Schwarzkopf,
Alois-Funk-Str. 7, 63457 Hanau, Deutschland.
(8.2) Consequences of revocation
–
In the case of an effective revocation the mutually received benefits
are to be returned and if so derived profits are to be returned.
In case you are unable to reimburse us either in total or partially for
services received, you are required to offer a compensation of equal
value.
This may result in you nevertheless having to satisfy the contractual
payment obligations for the period up until revocation.
Duties for the compensation of payments must be fulfilled within 30
days. For you, the period begins on submission of the revocation
and for us upon receipt of the same.
(8.3) Special notes
–
Your right of revocation shall expire prematurely if the agreement, at
your express request, has been executed in full by both parties prior
to your exercising your right of revocation.
End of revocation instructions.
