We (“OmniSavy” or “we/us/our”), OmniSavy UG (haftungsbeschränkt), c/o Digitales Gründerzentrum Alte Schlosserei, Werkstr. 2, 63739 Aschaffenburg, registered with the local court (Amtsgericht) of Aschaffenburg under HRB 15346, represented by the managing directors Sergio Gerardo Chávez Mercado and Victoria Navarro Franco, offer the services available at https://www.mexicanprofessionals.com (the “Website” and together with the internet services and other products, the “Service”).
The use of the scope of Services provided by us and used by our registered Users in form of individuals and businesses (each a “User” or “you/your”) is determined by the following terms and conditions (“Terms and Conditions”). Any valid contract between the User and OmniSavy based on the Terms and Conditions is hereinafter referred to as “Agreement”.
These Terms and Conditions shall apply to all Users including Consumers according to Section 13 of the German Civil Code (BGB) and, as set out on the Website, also to entrepreneurs according to Section 14 of the German Civil Code (BGB). A Consumer is a natural person who places the order for a purpose which cannot be attributed to their commercial or self-employed professional activity (each a “Consumer”). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (each an “Entrepreneur”).
Any provisions, which are contrary to these Terms and Conditions, are not part of the contract, unless we explicitly agree that these provisions shall be valid.
1. Conclusion of Agreements: Registration and Membership Agreement
Notwithstanding anything in the contrary in the Agreement, upon your offer to enter into the respective Agreement, we may, at our discretion, decide to accept or reject such offer. Unless an explicit declaration of the acceptance is given, our acceptance can be deemed given when OmniSavy grants the Service offered under the respective Agreement.
There is no legal entitlement for using the services provided by OmniSavy. OmniSavy has the right to stop or deny any registration or further parts of the Service without giving any reasons.
In order to access or amend the data relating to the Service the User shall access or amend such data within the User account (as applicable) or inform us via email to firstname.lastname@example.org.
After successful registration the User shall be able to log in for using our Service when the User has chosen a Membership with access to the platform. A login is only possible via the access data assigned to the User by OmniSavy (User name and password).
2. Memberships, Subscription Periods and Requirements
OmniSavy offers different membership options including different services by OmniSavy and certain subscription periods as described in detail in this Agreement and on the Website (“Membership(s)”). Furthermore, the Memberships include different services by OmniSavy as part of the Service and such Memberships are only offered to Users that comply with certain criteria described in this Agreement and on the Website (“Membership Requirements”).
The Membership Requirements must be met by each User at the time of conclusion of the Agreement or, as applicable, at the time of the automated renewal of the Agreement related to an additional subscription period of the selected Membership.
The Membership options include an option free of charge and other options that require a payment of certain fees by the User for each subscription period.
Further, the User hereby grants OmniSavy the right to post or otherwise publish the uploaded content on the social media accounts (such as Instagram, Facebook or Twitter) of OmniSavy or in business presentations of OmniSavy with no limits as to time and territory. The same applies to any pictures of the Users taken during an event of OmniSavy. OmniSavy will be careful that the personal rights of a User are not violated in the use and exploitation of such User content or pictures. These rights shall survive the end of the Membership.
In general, the information provided by each User are automatically uploaded and OmniSavy does usually not check if information provided are correct or verify the compliance of each User with the Membership Requirements. In case of doubt OmniSavy is entitled to ask the individual User to submit a documentary evidence as well as further proof of meeting the Membership Requirements.
3. User Information
Depending on the chosen Membership the User is obligated to provide certain personal information completely and truthfully. Otherwise OmniSavy is not able to provide the full Service.
If the chosen Membership includes the display of the User in the book “Mexican Professionals in Germany”, the requested personal information must be provided prior to the due date for publication communicated to the User in text form https://www.mexicanprofessionals.com/en/memberships. Otherwise the User’s profile will not appear in the book.
4. Fees and Payment
Depending on the kind of Memberships chosen by User, OmniSavy charges a fee for using its Service. The description, options and total amount of such fee shall be based on the current price information shown on the Website or as provided to User in text form at the time of the conclusion of the Agreement https://www.mexicanprofessionals.com/en/memberships.
All prices include the statutory VAT if the User is a Consumer (Section 13 BGB). All prices do not include VAT if the User is an Entrepreneur (Section 14 BGB).
The User shall pay the Fee by using the payment methods set forth on the Website without any extra charge if User is a Consumer (Section 13 BGB). The currently valid prices are displayed before the respective purchase is finalized within the Service. No further costs or fees shall arise for the User as Consumer when making a payment.
If the payment method SEPA direct debit is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued on the agreed dates, but not before expiry of the period for advance information (“Pre-Notification”), but not before the expiry of the period via the Pre-Notification. Pre-Notification is any communication (e.g. invoice) from OmniSavy to the User announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the User objects to the debit although he is not entitled to do so, the User shall bear the charges resulting from the chargeback of the respective credit institution if he is responsible for this. The User shall notify OmniSavy immediately of any change in bank details.
Our Services are generally available on the Website. Exceptions are: Back-up processes, system maintenance, system or database repair work, unavailability of services by third parties engaged by us. We try to keep these disruptions on a low level. Users’ rights in case of defects remain unaffected.
We are liable without limitation for:
damages caused deliberately or due to gross negligence by us;
damages arising out of death, injury to body or health;
damages due to a neglect of duty by us concerning essential contractual rights and obligations, which are absolutely necessary for a proper execution of the contract, and which might endanger the fulfilment of the contractual purpose (material contractual obligations). In that case, however, liability shall be limited to typical and foreseeable damages;
liability according to the Product Liability Act;
liability in case of a guarantee (without hereby giving such guarantee).
Apart from the above no further liability of OmniSavy exists. Any exemption from our liability as well as limitations of our liability shall also apply to our legal representatives and assistants.
OmniSavy shall not be liable for any products or services offered by its Users. OmniSavy only offers Users the possibility to present themselves as well as their products and services on the OmniSavy platform. In particular, OmniSavy neither assumes any warranty for performance nor any liability for substantive defects or defects of title of any services or products offered by a User via the OmniSavy platform. Each User shall solely be responsible for their content (see clause 10). OmniSavy does not control or modify information about products and services by its Users presented on the OmniSavy platform. OmniSavy is unable to assume any warranty with respect to the true identity and authority of Users to dispose of offered products.
We do not offer any guarantees for our Service without an expressly given confirmation. Please note that we rely on the truthful statements by our Users about their professional engagement etc.
8. User Obligations
You must fill in all required fields in the sign-up and further data sheets truthfully and completely. You must provide the requested data for the Memberships within the stated periods of time (see Section 3), otherwise we may not guarantee the full Service according to the chosen Membership.
You must respect and abide these Terms and Conditions, especially the obligations for Fair and Acceptable Use set forth in Section 9. You are responsible for the content you create, post, upload or otherwise store, make available, or communicate in use of the Service.
In the event you choose a Membership including the creation of a User account, you shall chose a safe password (we recommend at least 8 signs, including a letter, cypher and special character) for your account and change such password on a regular basis. You shall only pass such password information to authorized persons.
9. Fair and Acceptable Use; Indemnification
OmniSavy Services are to be used lawfully and within the scope described in this Agreement. Your use of the Services must comply with general fair practices. You must, in particular, not:
breach any terms of this Agreement or applicable laws, not limited to a specific jurisdiction;
post, upload, communicate or transmit content that is unlawful, sexually obscene, discriminatory, abusive, libelous, defamatory, fraudulent, harassing, threatening or infringes proprietary rights of any third party or us;
distribute any malware or other deceitful or destructive content, including, but not limited to viruses, worms, Trojan horses, exploits, or corrupted files, distribution of unsolicited mass communications, advertising or solicitation;
conduct illegal activities or their promotion;
interfere or tamper with, violate, disable, impede or circumvent any part of the Service of OmniSavy and the equipment and services used by OmniSavy to provide them;
any other activity which can reasonably be deemed an unfair use of the Services.
Third party claims addressed to us which result from your interactions online or violation to these Terms and Conditions shall be redirected to you and you shall hold us harmless and indemnify us for any damages, claims, liabilities and expenses, including attorneys’ fees that your interaction causes to others and us provided you are held responsible for such breach.
10. User Data; Indemnification
Depending on the chosen Membership the User has the possibility to upload content, including but not limited to photos or personal data (“User Data”). The User is solely responsible for this User Data and undertakes not to upload or otherwise use any prohibited content within his User profile in accordance with these Terms and Conditions. Insofar as the User leaves these User Data to OmniSavy and its Service, User grants OmniSavy all rights necessary for the execution of the contractual agreement with OmniSavy. This includes, in particular, the right to make the corresponding data accessible on the Website or in the printed book “Mexican Professionals in Germany” and to amend it, where necessary in order to comply with OmniSavy’s current Mexican Professionals in Germany guidelines https://www.mexicanprofessionals.com/en/guidelines. The publication of amended User Data shall be subject to the User’s consent as further set out in such Mexican Professionals in Germany guidelines. OmnySavy hereby accepts this granting of rights.
In the event that User Data is removed or that an account or information is/was deleted by the User or by us for whatever reason, the rights to such User Data shall expire, except for legal retention periods and the User’s statutory rights for a backup of such User Data and except for the User Data published as part of the printed book.
User is solely responsible for such User Data, especially any copyrights, data protection requirements, problems, material or immaterial damage these User Data might cause. Third party claims addressed to us which result from violations due to these User Data and to these Terms and Conditions shall be redirected to you and you shall hold us harmless and indemnify us for any damages, claims, liabilities and expenses, including attorneys’ fees that your interaction causes to others and us provided you are held responsible for such breach.
11. Blocking Rights
In addition to our termination rights, we have the right to the following blocking measures provided that these do not result in an unreasonable hardship for the User:
In case a User is in breach of a provisions of these Terms and Conditions or a reasonable suspicion thereon considering the reasonable interests of the User temporarily suspend providing the entire or any part of the Service to the User; and/or
In case the User Data (i) violate applicable laws or are subject to illegal activities each to the knowledge of OmniSavy, or (ii) harm or affect the provision of the Service, related services and networks or the security and integrity of related networks, we may without previous notification block from access and/or execution or delete User Data.
We will inform the User of such blocking measures set forth above without hesitation.
12. Right of Withdrawal and Dispute Resolution
The following provisions of this Section shall only apply to Consumers.
Right of Withdrawal
If you are a Consumer, you have the right of withdrawal in accordance with the statutory provisions as shown below.
Alternative Settlements of Disputes
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/Consumers/odr/. OmniSavy is neither obliged to take part in alternative dispute resolutions before a Consumer dispute settlement commission or will do so voluntarily.
13. Term and Termination
This Agreement is effective as of your creation of the OmniSavy account and remains effective until terminated.
If the chosen Membership has a certain subscription period such Membership automatically ends at the end of such subscription period and may not be terminated without good cause (wichtiger Grund) before such termination of the subscription period. Details of the Memberships, Membership Requirements and subscription periods are set out here: https://www.mexicanprofessionals.com/en/memberships
In addition, every party can terminate this Agreement with immediate effect for good cause (wichtiger Grund). Such good cause (wichtiger Grund) on the part of OmniSavy shall apply in the event the User has given non-truthful information about theirself or the Membership Requirements, if the User is responsible for such misinformation or non-compliance.
Any termination notice shall be at least in text form.
14. Privacy and Data
You are not allowed to assign, transfer or delegate these Terms and Conditions to any person or entity at any time given, except for certain rights as explicitly set forth in these Terms and Conditions.
This Agreement is governed by the laws of the Federal Republic of Germany, to the exclusion of the Convention of the United Nations on Contracts for the International Sale of Goods. Any statutory provisions on the limitation of the choice of law as well as the applicability of mandatory laws especially by the state, in which the User who is a Consumer has his usual place of residence, shall not be deemed affected. Provided the User is a merchant, a legal entity under public law or a special fund under public law and to the extent permitted by and compatible with the law the exclusive jurisdiction and venue shall be the seat of OmniSavy.
These Terms and Conditions and the documents referred hereto jointly constitute the whole Agreement between the OmniSavy and User and precede any other agreement, arrangement, proposal or communication. OmniSavy does not waive any rights under this Agreement by not exercising or delaying to exercise these rights.
In case individual provisions in these Terms and Conditions including this provision are or become invalid, or in case of gaps arising in these terms and conditions, the validity of all other provisions will not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision will apply. If the User is a Consumer and in case this may constitute an unreasonable hardship for one of the contracting parties the contract shall become ineffective as a whole.
- instruction on withdrawal –
Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us to:
OmniSavy UG (haftungsbeschränkt)
c/o Digitales Gründerzentrum Alte Schlosserei, Werkstr. 2, 63739 Aschaffenburg
Phone: +49 (0) 6021 373 8891
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form located in https://www.mexicanprofessionals.com/en/terms-and-conditions, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Your right to withdraw from this Agreement expires prematurely if the Services were initiated by us to you only after you as Consumer have expressly agreed that we shall commence with the execution of the contract before expiry of the withdrawal period, and at the same time have confirmed your knowledge of the fact that you lose your right to withdraw from the contract with the beginning of the execution of the contract.
- End of instruction on withdrawal -
Model withdrawal Form:
(complete and return this form only if you wish to withdraw from the contract)
OmniSavy UG (haftungsbeschränkt)
c/o Digitales Gründerzentrum Alte Schlosserei, Werkstr. 2, 63739 Aschaffenburg
Phone: +49 (0) 6021 373 8891
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of Consumer(s),
Address of Consumer(s),
Signature of Consumer(s) (only if this form is notified on paper),
(*) Please delete where inapplicable.