31135 HildesheimPhone: +49 5121-74977-0
Fax: +49 5121-74977-20
Tax-ID: DE 226226418
We will collect and use your personal data only under the provisions of data protection law of the Federal Republic of Germany. We will additionally explain the nature, extent and purpose of personal data use and collection. You may access this information at any time on our website.
This website uses etracker technology (www.etracker.com) to collect visitor behavior data. These data are collected anonymously to be used for marketing and optimization purposes. All visitor data are saved using an anonymous user ID and can be used to aggregate a usage profile. Cookies may be used for this purpose. Cookies are small text files that are stored in the visitor’s local browser cache. Using such cookies, it is possible to recognize the visitor’s browser. The data collected via etracker technology will not be used to determine the personal identity of the website visitor or compiled with personal data pertaining to the user of the pseudonym unless agreed to separately by the person concerned. The collection and storage of data may be revoked at any time with respect to subsequent services.
For technical reasons, your internet browser automatically transmits data to our web server when you access our website. Among other things, this may include date and time of access, the URL of the respective website, retrieved file/s, amount of sent data, browser type and version, operating system and your IP address. This data is stored separately from other data concerning the use of our services. It is not possible to map data for a particular person. The data is used for statistical purposes and then deleted.Inventory data
If a contract exists between you or your hotel and our company, we may collect and use your personal information to the extent that it is necessary for content endowment or modification.
By order of the competent authorities, we may grant access to such data (inventory data) in individual cases to the extent necessary for purposes of law enforcement, safety, to fulfil the statutory duties of the constitutional protection of authorities or the military or for enforcement of intellectual property rights.Use of data
We may collect and use your personal information (user data) to the extent necessary to permit the use of our website or for billing purposes. Your identification may also be accessed as it pertains to site use from the beginning to end of your use period.
For the purposes of advertising, market research and the design of our website, we may create user profiles using pseudonyms. You have the right to object to this use of your data. Furthermore, we may not merge the use of your profile with your pseudonym data.
By order of the competent authorities, we may grant access to such data (inventory data) in individual cases to the extent necessary for purposes of law enforcement, safety, to fulfil the statutory duties of the constitutional protection of authorities or the military or for enforcement of intellectual property rights.Cookies
As a user of our site, you have the right to request information from us about your stored personal or pseudonym data. This information can be provided electronically upon request.
The use of the medix-care portal offers you the ability to electronically enter into contracts and/or purchases. You are aware that your electronic inputs, your consent and your intentions legally bind you to a contract and that you are thereby required to pay for purchases in accordance with the contract if the goods or services therein are offered for a fee. In order to gain access to your electronic records and to retrieve them, certain hardware and software may be required. This, however, is your responsibility. Ondamedia.de is the provider of the portal and the hardware that allows you to purchase a licence for the smartupbox and to acquire digital content temporarily or permanently according to the terms and conditions set forth in this agreement.REQUIREMENTS FOR THE USE OF THE SERVICE
This service is legally available to persons who are at least 18 years of age. The use of the service requires compatible devices, internet access and certain software. In addition, regular updates may be required. The use of the service may depend on the performance of these factors. Use of a high-speed internet access is required. You are aware that the fulfilment of these preconditions is your responsibility.YOUR REGISTRATION You are required to register for the use of content. Please do not provide such information to third parties. You are solely responsible for maintaining the confidentiality and security of all data and for all activities in your account. You are required to notify ondamedia.de and its licensee immediately of any security breach.
You will always be required to authenticate your identity for the use of ondamedia.de contents. You are obliged to provide accurate and complete information when you register for the service and when you use the service. You must maintain updated registration data so that it is accurate and complete. You agree that ondamedia.de and its licensee may process and use your login information to provide you access to your account and other content.CONTENT AVAILABILITY Ondamedia.de or its licensees reserve the right to change content without notice.CONTENT USE
RULES OF USE
You are entitled to use ondamedia.de content for private and commercial use but its content may not be resold by a third party directly. The further sale and distribution of video and audio carriers is equally prohibited except as otherwise permitted under the statutory limitation provisions of the Copyright Act §§ 44 et seq. Only access to the content made available by ondamedia.de hardware can be resold.
ASSURANCE OF CONTENTS
You are obliged not to violate the security technology or its elements or to circumvent, reverse engineer, decompile, disassemble or otherwise modify the security technology. You may not also help others with the aforementioned activities.
ASSURANCE OF SERVICE
You are required to access the service only through the use of software developed by ondamedia.de and its licensees or via a company associated with ondamedia.de. You are required to use the software provided by ondamedia.de to access the provided service. You may not alter or use modified versions of the software for any purpose, particularly not for unauthorised access to the service. You may not access or attempt to access an account for which you do not hold the access rights. Violation of system or network security measures may result in civil or criminal liability.
HIGH DEFINITON (HD) PRODUCTS
HD products may only be viewed on HD devices.
The ondamedia.de portal and ondamedia.de provide features that allow access to materials (including links to content from third parties) from areas of the portal and provide the public with access to programmes via the box. You agree that any use of such functions including the provision of materials is solely your responsibility. The rights of others or applicable laws may not be violated, nor may such violations of the law be encouraged or contributed to, nor shall any otherwise unlawful conduct be encouraged or contributed to including but not limited to obscene activity. All necessary rights and licences must be obtained and only accurate and complete information shall be provided in connection with the provision of box materials. You agree that ondamedia.de and its licensee hereby initiate a fully-paid and non-exclusive license unlimited by time or location to provide you access to such materials as part of the portal and in connection with the ondamedia.de products without compensation or obligation to you. Ondamedia.de reserves the right at any time in its sole discretion and without notice or liability to cease your materials and to publicise, remove, or change materials provided to you. Ondamedia.de and its licensees have the right but not the obligation to monitor materials or products that were provided to you or were otherwise provided via the website. They may also investigate any reported or apparent violations of this agreement.
Certain ondamedia.de content, products and services available through the portal and box may include materials from third parties. Ondamedia.de and its licensees provide links to websites operated by third parties. Ondamedia.de or its licensees is/are not responsible for examining or evaluating the content or accuracy; ondamedia.de or its licensees does/do not guarantee, is/are not liable for and is not responsible for the materials available on third-party websites or for other materials, products or services available from third parties. You may not use third-party materials in a manner that violates the rights of other third parties. Ondamedia.de or its licensees is/are not responsible for such unauthorised use which you commit.
You are aware that during your use of our offered services, you may encounter materials that you find offensive, indecent or objectionable and that such content may not have been flagged as such. Nevertheless, you agree that the use of the service is at your own risk; ondamedia.de or its licensees is/are not liable for material you find offensive, indecent or objectionable. Product types and descriptions are only made available to you and you acknowledge that ondamedia.de does not guarantee their accuracy.
Ondamedia.de software and hardware and the third-party content contain proprietary software content and materials which ondamedia.de and/or its licensors are entitled to; they are protected by intellectual property rights (including copyright law) and by other laws. You are not authorised to use such proprietary content or materials in any way except in the context of the use of the ondamedia.de portal and hardware in accordance with this agreement. No part of the portal, the software or the hardware may be reproduced in any form or by any means unless it is expressly permitted under these conditions. Notwithstanding any other provision of this contract, ondamedia.de, its licensees and its licenser reserve the right to change without prior notice, temporarily interrupt, to charge payment, to remove, to equip with third-party advertising, disable access to products, software, content or other materials offered via ondamedia.de without notice. In no case shall ondamedia.de be liable for these changes. Ondamedia.de may also impose restrictions on the use of and access to certain features or portions of the service without reason and without notice or liability. The removal of content from a service does not affect products whose services have already been purchased. Ondamedia.de, its operators and its licensors shall include copyright on the site, including the right to the compilation of content, dues, links to other internet sources and descriptions of these sources. The use of any portion of the portal for uses other than those expressly stated is strictly prohibited and infringes on the intellectual property of others. Additionally, such use may subject you to severe civil and criminal consequences including obligations to pay damages for breach of copyright. HARDWARE You agree that ondamedia.de or its licensee may access your configuration data at any time during the use of the hardware so that they may make offers of partners, change their own content and perform updates.
If you violate any provision of this agreement or if ondamedia.de or its licensee has reasonable grounds to believe that you breached the terms of this agreement, it may terminate your account and/or this agreement at its own discretion and does not need to notify you thereof.
Ondamedia.de or its operator will provide the service with reasonable care. It does not provide representations or warranties with regard to the provision of services. You are particularly responsible for ensuring backups of your system as well as the setup of products manufactured by or purchased from ondamedia.de.
Unless otherwise stated, our liability on whatever legal grounds is limited as follows: (i) ondamedia.de or its licensee has a liability limited to the typically foreseeable damage for the negligent breach of material obligations under the contractual relationship; (ii) ondamedia.de or its licensee is not liable for the negligent breach of essential obligations arising from contractual obligation. The foregoing limitations will not apply in cases of legal liability (in particular under the Product Liability Act), liability for assuming a specific guarantee or liability for culpably caused personal injuries.
Ondamedia.de or its licensees reserve the right to change this agreement at any time and to impose new or additional terms and conditions on your use of the hardware. Such changes and additional conditions will be provided to you and will be immediately effective as soon as they are accepted at which point they will be incorporated into this agreement. In the event that you do not accept the changes, we may terminate this agreement with you.
This agreement constitutes the entire agreement between you and ondamedia.de and governs your use of the portal and technology. You may also be subject to additional terms and conditions which are applied if you agree to certain ondamedia.de products, third-party content or third-party software associated with this service. If any provision of this agreement is invalid or unenforceable, the provision shall be designed so that it is consistent with applicable law and the original intentions of the parties may be met in the best possible way. The remainder of the agreement from which this provision came shall remain unaffected. The portal is offered by a licensee. More information may be found on the corresponding website. You are required to comply with all local, state, federal and national laws, regulations and ordinances that apply to your use of this technology. This agreement and your use of the portal are subject to German law.
ASSURANCE OF CONTENT
You are obliged not to violate the elements of the security technology or to circumvent, reverse engineer, decompile, disassemble or make otherwise unauthorised changes to the security technology, nor are you permitted to help others with the aforementioned activities.
From time to time, we may use your personal data in order to send important messages such as notifications of purchases and changes to our rules and guidelines. Because this information is important for your relationship with ondamedia.de, it is not possible to unsubscribe from this particular newsfeed. We may use your personal data for internal purposes for auditing in particular, data analysis and research to improve products, services and customer communications.
We also collect non-personal data or information that does not provide a direct reference to a particular person. We may collect and use non-personally identifiable information for any purpose and we may provide this information to others.
We also collect information such as number of users, IP addresses, languages, and all information which is made possible by our technology.
Sometimes, it may be necessary for ondamedia.de or its licensees to disclose your personal data because of legal requirements, legal matters, litigation and/or requests from public and governmental agencies within or outside your country of residence. In addition, we may disclose information about you if we believe that it may be necessary for national security, law enforcement or other public interests.
We may also disclose information about you if we believe that this is reasonably necessary to protect our terms and conditions or our licensees or users. In addition, we will provide any and all personal data that we collect in the event of a reorganization, merger or sale to a third party.
General terms and conditions
1. General terms and conditions
1.1 These terms and conditions apply to all orders that are made at ondamedia.de and by its licensees. If we accept your order, a contract will thereby be established between you and our company and you will receive an order confirmation. In addition, this contract will automatically be subject to general terms and conditions of use. Conditions which deviate from these general terms and conditions shall be considered invalid. Additional agreements or deviations from the general terms and conditions outlined in the contract shall only be honoured if expressly agreed to in writing or effectively via email.
1.2 Acquisition of the smartupbox: wireless data services are offered only by your chosen ISP; they shall be held accountable for their respective services. For more information, please refer to the general terms and conditions of the contract with your ISP.
2.1 We can accept your order only if you are at least 18 years of age.
2.2 You may submit your order via email to email@example.com or by phone by using the phone number indicated on our website.
2.3 Upon receipt of your order, we will send you a web order number online. However, if you submitted your order by phone, your web order number will be provided to you over the phone.
2.4 Your order signifies that you have entered into a contract with our company which is therefore subject to general terms and conditions. We assume no obligation to accept your order.
2.5 If we accept your order, we will send you an order confirmation. This may be obtained by email. In the event that we do not accept the order, we will attempt to contact you by phone or via email.
2.7 Information presented on our ondamedia.de website, contained in our brochures or promotional materials or presented by our agents or employees only constitutes an invitation to send in orders. This information does not constitute an offer to end a contract in any way.
3. Scope of delivery
Please refer to the order confirmation or the ondamedia.de website for details regarding delivery and the delivery of ordered products.
4.1 The product price is based on the invoice sent to you.
4.2 You are responsible for payment of VAT at the applicable rate as indicated on your invoice.
5. Payment method
5.1 The various possible methods of payment are stated on the ondamedia.de website.
5.2 Payment must be made in the currency stated on the invoice.
5.3 The invoice, any other payment requests, and products ordered will be mailed to the address specified in the order confirmation. We may, however, send the documents via email if you provided an email address on your order form.
6.1 We will send your products to the delivery address listed on your order confirmation unless otherwise specified. 6.2 We will endeavour to produce the ordered products within 14 days after issuance of your order confirmation. Production times indicated for your order are estimates only and do not necessarily equate to delivery and service dates. If you have ordered several products at one time, please note that the individual products may be manufactured and delivered at different times. Delivery times must be arranged directly with ondamedia.de and its licensee or with a service provider associated with our company. If a delivery date was agreed to for your order, you must adhere to it. If you cannot meet the delivery time or if you do not have the necessary equipment although it had been discussed at a previous appointment, ondamedia.de and its operator are not liable with respect to this particular service.
6.3 Ownership and transfer of risk with regard to the product/s ordered is effective at the time of product delivery.
7. Right of withdrawal
Right of withdrawal is in accordance with statutory requirements. It does not include supply of computer software in sealed packages if you opened the seal. It also does not include delivery of products that are produced according to customer specifications or clearly tailored to personal needs or that are not suitable for return shipment based on their condition.
7.1 Compliance with right of withdrawal In the event of an effective right of withdrawal, the goods and services from both sides must be returned and, if applicable, derived benefits (such as interest) must be surrendered. If you fail to provide us with all or part of the received good/s or if it/they are in a deteriorated condition, you are responsible for compensation of the respective value. The surrender of goods does not apply if the deterioration is exclusively due to its inspection which might be the case if it was purchased from a retail shop. You will not be held responsible for value replacement if you do not use the product as its owner and refrain from doing anything that could possibly reduce its value. Transportable items may be returned at our risk. You must bear return costs if the delivered goods match the order or if the price of the order does not exceed € 4,000.00. You must also bear the return costs if you have not yet paid the consideration of the order’s price at the time of order cancellation or if you have not yet provided a contractually agreed partial payment.
7.2 Processing Please call the free phone number listed on the ondamedia.de website between 9:00 and 17:00 Monday through Friday. Please have your order number ready to cancel or return the product/s. This way, we may process your request as quickly as possible. If possible, we ask you to return the product in its original packaging or to at least package it appropriately so that it may be safely transported. It is also recommended that you send it from a transport company so that they may provide you with a signed receipt for your personal records.
7.3 Right of withdrawal expiration If the subject of the contract also applies to a service, your right of withdrawal with regard to the service lapses prematurely before you may exercise your right of withdrawal if the contract has been fulfilled by both parties at your explicit request.
7.4 Miscellaneous Right of withdrawal is in accordance with statutory requirements. It does not include the supply of computer software in sealed packages if you opened the seal or delivery of products that have been produced according to customer specifications, clearly tailored to personal needs or which are not suitable for return shipment based on their condition. This returns policy does not apply to your use of the ondamedia.de website. The statutory rights are not affected.
7.5 Cost payment agreement If you exercise your right to withdraw, you must bear return costs if the delivered goods match the order or if the price of the order does not exceed € 4,000.00. You must also bear the return costs if you have not yet paid the consideration of the order’s price at the time of order cancellation or if you have not yet provided a contractually agreed partial payment.
8. Software and hardware
8.1 All software and hardware that we provide to you is subject to the provisions of applicable licence agreements. These licence conditions are outlined on the ondamedia.de website.
8.2 It is your responsibility to ensure that the software product or software and/or hardware packages (“bundles”) you order match your needs and your existing equipment particularly in regards to their compatibility with your systems and processes.
8.3 You also have the opportunity to download software which is available for this purpose. You will receive instructions regarding software downloading. If the transmission is interrupted during the downloading process, you should restart the download.
9. Service, online support, telephone support
9.1 Within the period of 12 months, you will receive free telephone support during our business hours 9-17 German time clock and online at firstname.lastname@example.org. In addition, the hardware supplied by us within the 12 months monitored. After 12 months, an extension of support and service to be purchased for another year for a fee.
9.2 In providing telephone support, we will do our best to resolve your request under the first call. We can do this but also promise more than ever, the resolution of your queries. The cost of telephone calls at your expense
10. One-year hardware warranty
10.1 Ondamedia.de and its operators are limited to the following warranties:
Ondamedia.de and its operator, guaranteed for a period of one (1) year from the date of purchase to the dealer, the free Ondamedia.de products under normal use from defects in materials and workmanship. If such an error occurs, and this warranty is before the expiry of the warranty period claimed effectively, is Ondamedia.de and repair its operator, at its option, either (1) the failure of the hardware free of charge, using new or refurbished replacement parts or (2) the product replace it with a product that is either new or has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. Ondamedia.de or its operator may require that you replace defective parts with new or replacement parts that can fit the users themselves and the Ondamedia.de provides in fulfillment of its warranty obligation. A replacement product or part, including the parts that can be installed by the user, and have been installed in accordance with the instructions given by Ondamedia.de subject to the remaining warranty for the original product. If a product or part is exchanged, you are part owner of the newly delivered, while Ondamedia.de is the owner of the replaced part. Parts Ondamedia.de provides in fulfillment of this warranty obligation must be used in products that are covered by the warranty. If the refund is given, is the product for which the purchase price has been refunded, and will return to Ondamedia.de Ondamedia.de’s property.
A contractual or non-contractual liability for damages caused by ondamedia.de, its licensees, its employees and/or agents for whatever legal grounds may exist only if the damage was caused by gross negligence or intent. An absolute liability under the Product Liability Act for injuries to life, limb or health or because of the at least slightly negligent breach of a contractual obligation remains unaffected. The damages for the violation of essential contractual obligations is limited to typical, foreseeable damage if there is no wilful misconduct or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to your disadvantage is not connected to the aforementioned regulations.
12. Retention of title
Ownership of the goods we supplied will be transferred upon receipt of full payment of our total accounts receivable/sales contract of the purchaser/owner. The retention of title also remains where particular claims are recorded against the customer in a current account and the balance is accepted. The customer is entitled to resell the reserved goods in the ordinary course of business; however, a pledge or collateral assignment is not permissible. The customer is obliged to secure our credit rights for the resale of goods. Upon conclusion of the contract, the customer relinquishes his/her right to claims for the resale of goods if they are resold to us and we accept the cessation. Any eventual reworking or processing of goods subject to title retention will be handled by the customer in such a way that we will not incur any obligation. In processing, combining or mixing the goods subject to title retention with other goods not belonging to us, the ownership share of the new object is proportional to the value of the goods subject to title retention to the rest of the goods. If the customer acquires sole ownership of the new object, we agree that the customer acknowledges our joint ownership of the new item proportional to the value of the manufacturing or specifically the value of connected, mixed or blended processes. This will be detained at no cost to us. The customer agrees to make unusual regulations of the jointly owned item (i.e. pledge, deed of security) only with our prior consent. If the goods subject to title retention are resold together with other goods, the aforementioned advance assignment shall only be valid in the amount of the value of the goods subject to title retention which are being sold together with other goods. The customer has the right to revoke at any time to include claims arising from resale of the goods. He/she is not entitled to dispose of such claims by assignment to another party if our rights are at stake. At our request, the customer must provide necessary information to collect the assigned claims and must inform the debtor about their assignment. In the event of any compulsory enforcement measures made by a third party for the goods subject to title retention or claims assigned in advance, the customer must inform us immediately by handing over the documents necessary for an intervention. We commit ourselves to release the pre-existing terms of securities of our own free will upon the customer’s request if the value of the secured claims exceeds 20%.
13. Data protection
We may store, process and use your personal data and that of your users and other guests, if applicable. We are entitled to use this data for the purposes of running our business. Upon written request, we will send you a list of your stored personal data free of charge. We will correct your incorrectly stored data upon your written request. As long as you consent to allow us legally permissible use of your personal data, you may revoke this consent at any time.
14. Force majeure
In the event that we are prevented from fulfilling our obligations under a contract by force majeure or because of other circumstances beyond our control, we assume no liability. If there is a delay in cases of force majeure or because of other circumstances beyond our control, we will honour our commitments as soon as reasonably possible under the circumstances.
15. Governing law and jurisdiction
These provisions and all stipulations under these provisions are subject to German law. The jurisdiction is Hildesheim. The same applies if your domicile or habitual residence was within the country at the time the complaint was filed.
16. Other provisions
16.1 If our or your individual rights are not valid under a contract of an individual case, this does not constitute a waiver of such rights.
16.2 In the event that any provision of these terms and conditions or specifically a contract is deemed invalid or unenforceable, the remaining provisions shall remain unaffected. In this case, both parties are obliged to reach a solution for the invalid provision in the form of economic remuneration. This shall also apply in the case of a loophole.