Terms of Use for eMeldung Berlin

As of: January 2023

Preamble

(1) eMeldung Berlin is an application (subsequently referred to as the Online Service) that allows for business notifications (business registration, business re-registration, business de-registration) to be submitted electronically to Berlin’s Public Order Offices.

(2) The Senate Department for Economics, Energy and Public Enterprises is the Operator of this Online Service.

(3) A User in the sense of this agreement is any natural person or legal entity that uses this Online Service.

§ 1 Scope

(1) Only business notifications for which Berlin’s Public Order Offices are geographically responsible can be submitted via the Online Service.

(2) These Terms of Use apply for all services that are available via the Online Service now or in the future. They apply for the usage relationship between the User and the Operator of the Online Service.

(3) The Online Service provides the User with the technical opportunity to submit their business notification online.

§ 2 Usage relationship

(1) No prior registration is necessary for using the Online Service.

(2) The usage relationship is established upon acceptance of these Terms of Use by the User.

§ 3 User rights and duties

(1) At the start of the usage relationship, the User is granted the right to access the Online Service via the internet and to use the enabled functions in line with these Terms of Use.

(2) The User is not granted any rights beyond proper use of the Online Service.

(3) The User undertakes to comply with the relevant legal provisions and to refrain from using the offerings of the Online Service for any illicit purposes. Mass sending of unsolicited content (spamming) in particular is not permitted. Activities that are not in line with the intended purpose of the Online Service and may lead to high strain on the infrastructure are not permitted.

(4) The offerings and services of the Online Service must not be used for commercial purposes. The same rule shall apply for any activities of the User that are suitable for impairing the offerings or services of the Online Service or for rendering them non-operational.

(5) The User undertakes to acknowledge and respect the rights of others, including personal rights.

(6) The User generally agrees that confirmation of their business notification is made available for download via the Online Service in electronic form only. In individual cases, the User and the Public Order Office in charge may agree to make different arrangements concerning transmission of the confirmation of the business notification.

§ 4 Responsibility for the content of the Online Service

If the User accesses any third-party websites (e.g. payment service providers) via links provided as part of the Online Service, the operators of such websites shall be exclusively responsible for their pages. The Operator does not take possession of the content of such pages. Any liability or warranty of the Operator concerning the content of linked pages shall be excluded. At the time the links were created, no illegal content was recognisable for the Operator on the linked pages. The Operator has no influence on any current or future changes to the linked pages.

§ 5 Access to and availability of the Online Service

(1) All computer and system components that are required for operating the Online Service are operated as part of a computer network that is separated from the internet by means of a firewall system.

(2) Access to the internet and the communication equipment used are not part of this agreement.

(3) The Operator has the right to adjust the set-up of the Online Service to the state of the art and any legal requirements at any time.

§ 6 General technical conditions

The size of files that may be uploaded is limited to 10 MB per file.

§ 7 Copyright

(1) All content, layouts, designs and any other protectable content of the Online Service is subject to copyright. No full or partial reproduction, duplication or modification of the Online Service is permitted without written consent.

(2) The Operator expressly reserves the right to assert claims against any copyright infringements.

§ 8 Service disruptions

(1) Owing to the structure of the internet, the Operator has no influence on online data transmission and shall assume no responsibility for the availability, reliability and quality of any telecommunication networks, data networks and technical equipment of third parties. The Operator is not responsible for any disruptions due to force majeure.

(2) The Operator may block use of the Online Service or restrict access to it if the Online Service or its equipment is subject to excessive technical strain or disruptions, or if such excessive strain or disruptions are imminent. In such a case, the Operator will make efforts to swiftly restore full functionality of the Online Service.

(3) The Online Service may not be available, or its functionality may be restricted for short periods of time, due to maintenance work on the system.

§ 9 Liability and warranty

(1) Any liability for material or immaterial damage that arises due to the use or failure to use the Online Service shall be excluded. This exclusion of liability shall also apply for all types of damage that result from a disruption or from non-availability of the Online Service.

(2) However, the exclusion of liability shall not apply for any damage that is caused through intentional or grossly negligent acts.

(3) We reserve the right to change, amend, delete or permanently discontinue all offerings of the Online Service without notice.

§ 10 Measures and compensation

(1) In the event that improper use or a violation of the Terms of Use is detected or apparent, the Operator shall have the right to temporarily or permanently exclude the User from using the Online Service.

(2) For the purpose of investigating such suspected cases, the Operator may request that the User presents evidence that is suitable for refuting such suspicion. If the requested evidence is not presented or if the presented evidence is not suitable for rebutting the suspicion, the Operator shall have the right to permanently ban the User from using the Online Service.

(3) The User must provide compensation to the Operator for any damage that arises from improper use of the Online Service or from a violation of the third-party rights or duties specified in the Terms of Use. This shall also include any indirect damage or financial losses.

(4) In the event of a violation of the duties specified in these Terms of Use, the User undertakes to indemnify the Operator against any third-party claims that are asserted against the Operator in this context, unless they are not responsible for the violation in question.

§ 11 Fees

(1) The Online Service is available free of charge.

(2) Fees may apply for submitting business notifications to the Public Order Offices in charge.

(3) Any fees that arise must be paid directly by means of electronic payment. For this purpose, the User is referred directly to the website of the payment service provider.

§ 12 Applicable law and place of jurisdiction

These general Terms of Use may be amended by the Operator at any time. Berlin shall be the sole place of performance and jurisdiction concerning any business transactions with entrepreneurs, legal entities under public law or special funds under public law. Compulsory courts of jurisdiction shall remain unaffected. The law of the Federal Republic of Germany shall apply with exception of its legal requirements concerning collisions of law.

Senate Department for Economics, Energy and Public Enterprises
Martin-Luther-Straße 105
10825 Berlin

Phone: [phone]
Fax: [phone]
Web: www.ea.berlin.de
Email: [e-mail]

© Senate Department for Economics, Energy and Public Enterprises (please indicate the source)