T&Cs

General Terms and Conditions - lastHello

(the websites lastHello.de and last-Hello.com shall hereinafter be referred to as the "Operator")
The following Terms and Conditions of Use shall apply to our services.
Last updated: 12/2016

Terms and Conditions for Using lastHello

1 General provisions

1.1
The following provisions of which you avail yourself upon creating an account describe the conditions under which you may use these services.

2 Provision of an account and the opportunity to send messages through lastHello

2.1
lastHello offers the creation of an account and the associated opportunities to send messages. This involves a product in the form of "services".
2.2
lastHello shall assume no liability for the timeliness, completeness or accuracy of the information sent, nor for such information to be technically transmitted in a timely and error-free manner.

3 Conclusion of the Contract

3.1
The Operator offers to create an account, which is described in detail on the website.
3.2
By requesting a product on the website, the User makes a binding offer to purchase the selected product at the current price in place. Upon the Operator’s acceptance of the offer, a contract shall be concluded by and between the Operator and the User. The offer shall be deemed to have been accepted upon creation of the account.
3.3
The Operator reserves the right to deny abusive User requests.

4 Rights and obligations of the User

4.1
All of the Operator’s products (services) are protected by copyright; names (particularly product names) are further subject to trademark protection.
4.2
The User is prohibited from copying, further processing or undertaking any other form of duplication of information and data.
4.3
The User shall undertake to use any and all content and information received from lastHello exclusively personally and privately.
4.4
All of the Operator’s products and services may only be used privately. Commercial use is not permitted.

5 Operator’s limitation of liability

5.1
The Operator does not guarantee the continuous availability of its services. In particular, the Operator reserves the right to suspend access to products and services at any time.
5.2
The Operator calls attention to the fact that hyperlinks to other websites may be used on its own website where the Operator has no control over the content and design of such websites. The sole purpose of these hyperlinks is to provide access to third-party content or products. The Operator assumes no liability for the form or content of these linked websites. If and insofar as the Operator becomes aware that websites to which it has linked are in violation of the law or so-called "netiquette", the Operator shall remove the corresponding hyperlink upon reviewing the situation.

6 Charges

6.1

The Operator offers various payment options for its various products and services, including the following billing methods:

- landline/mobile phone
- PayPal
- bank transfer
- instant bank transfer
- credit cards
- direct debit/debit.

These payment options are explained as part of the order process for the specific product. The current final prices for the various products, including value-added tax and any additional costs incurred, shall be specifically stated in connection with the respective products and the order method chosen.

7 Data protection and use of data

7.1
The Operator is entitled to collect, process and use the information it receives from the User as well as any data generated in connection with the use of the service in accordance with the applicable legal provisions, provided that such collection, processing and use is necessary to ensure that the service runs smoothly and the contract is executed. If and insofar as services are rendered by a third party or if a contract is concluded with a third party, pursuant to the statutory provisions, the Operator is entitled and shall undertake to send your data to the respective party providing the service to the extent necessary to fulfil the contract and carry out billing processes. Under no circumstances shall the Operator send any inventory, connection or content-related data to third parties unless the Operator is legally required to do so.
7.2
The Operator shall abide by the provisions governing the confidentiality of telecommunications, the German Federal Data Protection Act (Bundesdatenschutzgesetz [BDSG]), the German Telecommunications Act (Telekommunikationsgesetz [TKG]), the German Telemedia Act (Telemediengesetz [TMG]) and any other relevant data protection laws when processing data and rendering the service.

8 Applicable law and jurisdiction

8.1
Any and all legal relationships between the Operator and the User shall be subject exclusively to German law.
8.2
The place of jurisdiction is Kempten im Allgäu, Germany.

Consent to the use of personal data

1.
The User consents to personal data collected by the Operator from the former as part of the contractual relationship being disclosed to third-party companies and stored on their servers for the purposes of establishing, performing and executing the contractual relationship.
2.
The User may revoke this consent from the Operator at any time with future effect.
3.
The User is aware that the Operator’s services shall be rendered regardless of whether the former has declared or revoked their consent.

Cancellation Policy

Right of withdrawal

You may cancel your statement of agreement within a period of 14 days without indicating any reasons in writing (e.g., letter, fax, email). This period shall begin upon receipt of this policy in writing, but not before conclusion of the contract. Timely despatch of the cancellation notice shall suffice for compliance with the cancellation period. The cancellation notice must be sent to:
ITholics GmbH
Heisinger Straße 12
87437 Kempten
Telephone: +49 (831) 960 335 - 0
E,ail: info(at)itholics(dot)de

Consequences of cancellation

In the event of an effective cancellation, the services received on both sides are to be reimbursed and any relevant benefits (e.g., interest) are to be issued. Should you be unable to reimburse us for the services received, either in whole, in part, or in a deteriorated condition, you shall be obliged to compensate us for any depreciation in value. This may mean that you nonetheless need to meet the contractual payment obligations for the period until the cancellation. All obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice; for us it begins upon receipt of this notice. Your right of cancellation shall expire prematurely if the agreement has been completely fulfilled by both parties at your express wish before you have exercised your right of cancellation.

End of cancellation policy

Should you have any questions regarding the Terms and Conditions of Use, please contact us by email using the following email address: info(at)itholics(dot)de.

lasthello.de/last-hello.com

An ITholics GmbH project
Postal address: Heisinger Straße 12, 87437 Kempten, Germany
https://www.itholics.de