Terms and Conditions

General Terms and Conditions (GTC)

for the use of the online platform babywho

1. Subject of the contract

  1. The following terms and conditions apply to all providers and users of the online platform babywho (available at www.babywho.de, www.babywho.at, www.babywho.ch, possibly other domains).
  2. babywho operates a Information and presentation platform for offers, services, events and contact points related to pregnancy, birth, babies, children and families.
  3. babywho does not provide any services itself and does not broker contracts between users and providers.. The platform serves solely for the presentation and promotion of offers.
  4. Contracts for services are concluded exclusively and directly between the respective provider and the user. babywho is not a party to these contracts.

2 Scope and contracting parties 

  1. By accessing the websites babywho.de, babywho.at, and babywho.ch, the provider and user confirm that they have read and agree to these terms and conditions.
  2. babywho reserves the right to amend or update these Terms of Use at any time with future effect, without any obligation to notify the user. The current version of the Terms and Conditions can be viewed on babywho from the date of its entry into force. 
  3. The contract for the use of babywho is concluded with babywho. The offers and activities are not offered or provided by babywho itself.

3 Membership

  1. Registration as a "provider" is required to create listings on babywho. Use and registration are only open to adults and natural persons. Registration on babywho also requires providing your first and last name and a valid email address. All information must be truthful and complete.
  2. We reserve the right to terminate your registration at any time without giving reasons or to restrict those uses of the website that the registration offers.
  3. We reserve the right to suspend your user account if we have reason to believe that you have violated your obligations under these Terms and Conditions.
  4. After we have restricted or blocked your user account, you are prohibited from registering again.
  5. You can close your user account at any time on your babywho dashboard. Providers can pause or cancel their offers at any time, subject to the selected fee plan.

4. Provider profiles and entry models
Providers have the option of presenting their offers on babywho via the following subscription models:

1. Start

  • Free of charge
  • Up to 3 entries
  • 3 images per listing, up to 2 offer options per listing
  • Representation of a contact channel
  • Listing of offers on babywho

2nd expert

  • Paid annual subscription – terms and conditions can be found at LINK BECOME A PROVIDER
  • Up to 15 entries
  • 10 images per listing, up to 4 offer options per listing
  • Display of all specified contact details
  • Prioritized presentation of offers on babywho
  • Includes expert badge

3. Premium Expert

  • Paid annual subscription – terms and conditions can be found at LINK BECOME A PROVIDER
  • Unlimited entries
  • 15 images per listing, up to 4 offer options per listing
  • Display of all specified contact details
  • Prioritized presentation of offers on babywho
  • Includes premium expert badge
  • Personal support through babywho is possible
  1. All packages are completed online and paid for in advance.
  2. All prices are exclusive of VAT.
  3. The Expert and Premium Expert subscription models will be automatically renewed for another year.
  4. Expert and Premium Expert subscription models can be cancelled with 30 days' notice before the end of the current annual subscription period.
  5. The scope of services depends on the package booked.
  6. Switching from Starter to Expert is possible at any time. Upgrading from Expert to Premium Expert is also possible at any time; the amount already paid will be credited proportionally.

5 Termination and blocking 

  1. Termination
  2. Users can delete their account at any time without giving a reason.
  3. Expert and Premium Expert subscriptions can be cancelled with 30 days' notice before the end of the current billing period.
  4. Cancellation can be done via the provider dashboard or by email to [email protected]
  5. After cancellation, membership remains valid until the end of the paid period.
  6. Closure
  7. In case of serious violations of our terms and conditions, we will block the account and the associated entries on babywho.
  8. Serious violations can include: violations of the terms of service, fraud, and abuse of the platform.

6. Responsibility for content and links 

  1. babywho does not monitor the transmitted or stored information in detail. 
  2. Our providers indemnify us against any claims asserted against us by third parties due to a breach of law or duty committed by you, unless you are not responsible for the breach. In this case, you are also obligated to reimburse reasonable costs of legal defense (in particular, attorney's fees) that we demonstrably incurred as a result of your misconduct.
  3. Registered users can write and publish comments about offers on babywho as part of a rating function. babywho reserves the right to delete content that infringes third-party rights or otherwise violates applicable law.

7. Usage rights

  1. To the extent that content published by providers on the platform is protected by copyright, you hereby grant us the rights to this content necessary for the operation of babywho. This includes, in particular, the right to store content you have created and to make it publicly accessible on babywho.
  2. Furthermore, as a provider, you permit babywho to use the content you have created for advertising purposes (online and offline). 

8 Data protection

babywho complies with all applicable data protection regulations. Our privacy policy can be viewed here: https://babywho.de/datenschutz
By using babywho, you agree to the use of this data as set out in the privacy policy.

9 Final Provisions

1. Changes to the Terms and Conditions
We reserve the right to amend our Terms and Conditions as needed. Users will be notified of any changes by email at least 60 days before they come into effect.

2. Severability Clause
Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid provisions that most closely approximate the intended purpose.

3. Applicable Law
The contractual relationship will be conducted in German. The laws of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. 

4. Place of jurisdiction
For disputes with merchants and legal entities under public law, the place of jurisdiction is the registered office of babywho.

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