Valuation guidelines of AUSGEZEICHNET.ORG (As of: May 25, 2018)
AUSGEZEICHNET.ORG is an independent and objective evaluation platform with the aim of increasing transparency on the Internet and improving customer service.
How do I submit a review?
Write review is easy. You only need to share your personal experiences with a company or service provider. Be honest.
How do I write a review?
Evaluate personally. Only share your own personal experiences. If a friend or acquaintance tells you about his / her experiences with a company, ask him / her to write a review. Do not give a rating on another person's name. If a company wishes to comment on an assessment, it should also be the person who has had the experience with the company.
Evaluate in detail. Describe the exact achievements of the company. Please do not publish personal information, e.g. addresses, telephone numbers and / or first and last name of the contact person. What were your problems with the company? How did they help you? The more information you provide, the more likely other customers can get a picture of the company. The company can thus also learn best from your experiences.
Evaluate honestly and fairly. Always stick to facts. If you find details or only generalizations, the company can not improve anything. Only if you report honestly, the company knows what it has done right or wrong. They make a decisive contribution to the overall picture of the company.
What can I evaluate?
Every company that carries the AUSGEZEICHNET.ORG seal of approval on its website. These are not just onlineshops, but also doctors and service providers.
Can I evaluate the company of a business partner or a friend?
Of course, you can do this. And in order for your competitor to understand how to interpret the content of the evaluation, you should briefly state your position with the company. If you were asked by the company as an expert to write a review, please tick a checkmark at the valuation point and tell briefly which business relationship you are with the company. Your rating is more believable.
What happens if I have a bad experience?
Poor experiences are also part of everyday life. It remains your decision whether you want these experiences with other parts, but in any case they help to show companies where there is a need for improvement. AUSGEZEICHNET.ORG is very important to communicate between you and the company. Therefore, AUSGEZEICHNET.ORG also informs the company of any negative assessment that can be exchanged with you and can solve a problem solution.
Will AUSGEZEICHNET.ORG delete my rating?
Only in exceptional cases will a rating be deleted by AUSGEZEICHNET.ORG . This concerns evaluations that violate our policies and contain, for example, insults or racist statements. Ratings are also deleted if they do not contain a verifiable utterance. Reviews with spam are also deleted.
Is it true that a company can remove my rating?
A company can not hide or delete negative ratings. Every company can make a negative assessment and convince you as an evaluator of the contrary. You alone have the option to change or delete a given rating.
In addition, the following conditions apply to the posting of an evaluation
1. Supplier and Scope of the Evaluation Guidelines
1.1. (Hereinafter referred to as "the user"), AUBII GmbH, Alsterufer 34, 20354 Hamburg (hereinafter referred to as "Operator" and "AUBII " designated). These valuation guidelines contain the terms and conditions for the use of the service and for all legal transactions and transactions which are similar to the legal transactions, which are carried out between the operator and the user. However, there may be additional special terms and conditions which apply in addition to these valuation guidelines for paid offer packages by the operator.
1.2. The following valuation guidelines apply exclusively. Any general terms and conditions of user shall not apply to the contractual relationship between the operator and the user, insofar as they contain deviating or conflicting regulations from these valuation guidelines.
If the user does not agree with the validity of these terms and conditions, no reviews can be given. The user accepts these rating guidelines, by submitting ratings. Thus, these valuation guidelines are part of the contract.
AUBII provides users with the opportunity to evaluate third-party services with which the user was in business contact. The contract for participation in the evaluation system is completed as soon as the user has registered with AUBII. This process is subsequently defined as a registration and does not incur any additional costs.
2. Registration and access data
2.1. In order to actively participate as a user in the service, the user must be at least 18 years of age.
2.2. Users or advertisements whose use rights violate other rights, in particular names or trademarks (eg trademarks), or which are otherwise unlawful or which violate good morals, are not permitted.
2.3. In all cases, the operator reserves the right to refuse the registration of a user without the need for a justification.
2.4. In any case, the user is obligated to provide the operator with only true and complete data, insofar as data are collected by the operator or voluntarily indicated by the user. The user is not allowed to enter any data from other users.
3. Benefits and contract term
The utilization ratio is concluded indefinitely.
If the user is a consumer, he has a legal right of revocation in his favor, which the operator has instructed as follows:
The user can revoke his contract declaration in text form (eg letter, fax, e-mail) within 14 days without giving reasons. The period begins upon receipt of this instruction in text form, but not before the conclusion of the contract and also before fulfillment of our information requirements pursuant to Article 246 2 in conjunction with 1 paragraph 1 and 2 EGBGB as well as our obligations pursuant to 312e para 1 sentence 1 BGB in Connection with Article 246 3 of the German Civil Code. The timely sending of the revocation shall suffice to ensure the revocation period.
The revocation must be sent with the e-mail address to:
AUBII GmbH, Alsterufer 34, 20354 Hamburg
E-mail: service(at) ausgezeichnet.org
Consequences of Withdrawal
In the case of an effective revocation, the services received at both ends are to be returned and, if necessary, drawn-out uses to be issued. If the user is unable to recover the received performance in full or in part or only in a deteriorated state, he must provide us with a value proposition. This may result in the user having to fulfill the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline begins for the user with the sending of the cancellation notice, for us with their receipt.
The right of revocation of the user expires prematurely if the contract is completely fulfilled by both parties at the explicit request of the user before he has exercised his right of revocation.
End of revocation
5.1. "Evaluations" within the meaning of these evaluation guidelines are all evaluations which the user makes and makes available to the service. These are mostly texts (including comments on texts / reviews of other users).
5.2. The operator reserves the right to access other service providers for hosting reviews. The current hosting partners are CORPEX Internet GmbH (Schauenburger-straße 6 D-20095 Hamburg), Hetzner Online GmbH (Industriestr. 25 D-91710 Gunzenhausen), Amazon Web Services Inc. (410 Terry Avenue North Seattle, WA 98109-5210, USA).
5.3. In all other cases, the operator reserves the right to refuse to accept user reviews and, if necessary, to delete them without justification and without notice. The user has no claim to the setting of ratings or their stay in the service. In particular, files in which the exploitation rights are with third parties may not be entered into the service, unless the user has a corresponding consent. Further unauthorized contents are listed in section 10.
6. Use rights
6.1. The user grants the operator transferable simple, spatially and temporally unlimited rights of use to the evaluations which he has placed in the service in the extent required for operation of the service as well as according to clause 6.3.
6.2. In particular, the user grants the operator the right to set the relevant evaluations in the platform and to carry out the necessary duplications (storage on the servers, etc.). In addition, the user grants the operator the right to edit the reviews in order to present them better on the website. The operator has also the right to make the content publicly available, to send and otherwise publicly reproduce, in particular also the making available or transmission by transmission of the contents on fixed or mobile end devices of other users in the context of automated subscription services (Push Services (eg, podcasting, RSS feed, atom feed, XML interface, or other technologies), or retrieval services (pull services).
6.3. In addition, the user grants the operator the transferable, simple, spatially and temporally unlimited right to make the evaluations which he or she has made fully or partially accessible to other websites operated by the operator. In addition, the user grants the operator the right to publish and / or publish the reviews on third party websites, to make the necessary duplications, to transmit the evaluations to the third - party provider and / or to give these providers access to the evaluations for the aforementioned Including the right to reproduce the evaluations for inclusion in their own website (cf paragraph 9). The operator may use common technical procedures to achieve the purposes specified in this clause. The user agrees that the third-party provider accepts the respective evaluation of the user and also publishes them, that is to say, in the same way as is also the case in the local service.
6.4. The operator does not pay the user any compensation for the granting of the usage rights since the operator already provides the user with the service by means of the service to present the evaluations to the general public. The user agrees that this service is the appropriate remuneration.
7.1. The user agrees that the operator reserves the right to present advertising messages as part of the access to the service.
7.2. The user may not make any advertising for third party offers in his reviews.
7.3. The operator also reserves the right to delete ratings that have a general spam character.
8. Illegal content and behavior
8.1. The user is obligated against the operator to cease unlawful or unacceptable statements in this clause or elsewhere in these valuation guidelines.
8.2. The following contents are inadmissible:
All evaluations which violate the relevant criminal law standards;
Evaluations of trade in and use of illicit drugs and drugs and weapons, including explosives;
Reviews that propagate illegal computer-aided activities such as hacking and cracking, and explain their functioning;
Evaluations which are propaganda for or characteristics of totalitarian, racist and / or violence propagating organizations of all kinds;
Evaluations that glorify the war, are racist or otherwise discriminatory, or call for acts of violence for whatever reason;
Evaluations of cruel and otherwise inhuman acts of violence against men in a manner which expresses a glorification or trivialization of such acts of violence, or which depicts the cruel or inhuman acts of the process in a manner which violates human dignity; This also applies to virtual representations;
Assessments which are contrary to human dignity, in particular by the representation of people who are or have been dying or have suffered a severe physical or psychological distress, reproducing an actual occurrence without a justified interest in this form of presentation or reporting; A consent is irrelevant;
Evaluations that represent children or adolescents in unnaturally gender-based physical education; This also applies to virtual representations;
Reviews which are pornographic, especially when dealing with violence, sexual abuse of children or adolescents or sexual acts of humans with animals; This also applies to virtual representations; or
Evaluations which, for other reasons, are contrary to rules on the protection of young people.
Reviews that are libelous or defamatory;
Evaluations which violate the right of others to the protection of privacy or other personality rights, in particular rights in one's own image;
Ratings that violate copyrights, performance rights or trademark rights of others;
Assessments, lucky games that require state permission, or fall into similar categories, such as chain letters, pyramid schemes, lotteries, betting games, etc .;
Reviews which can otherwise be prosecuted under civil or criminal law;
Reviews that are restricted to the linking of other pages, advertising, the repetition of texts and / or the collection of clear and excessive tags (spam)
Which distribute defamatory, offensive or otherwise unlawful material or such information to the operator
8.3. The user is not allowed to use any methods that read, save, edit, alter, forward or otherwise misuse data from the service. It does not matter whether such methods are operated manually or are automated.
8.5. The user may not introduce viruses, trojans and corresponding scripts and programs or similar malicious code into the service. Sending spam e-mails is also prohibited. Such behavior is not only unlawful, but can also be illegal or punishable.
9. Warranty and exemption
9.1. The user warrants against the operator that he is entitled to grant the rights (see point 6) to the evaluations he has set up and is able to do. In doing so, he warrants, above all, that no assessments are made with which he infringes copyright, trademark rights or other intellectual property rights of third parties. The user is obliged to inform himself accordingly and, if he has doubts about his right to ask the rights owner for permission. There are doubts, in particular, when
It is a matter of copyrighted or performance-protected works, such as, Eg videos, photos, music, graphics and texts. In this connection, it should also be noted that, as a rule, the works of third parties are not alienated or otherwise processed, and the result may be entered into the service without the consent of the rights holder. Even approach sketches, city maps and similar map material are generally covered by copyright law;
Videos which contain copyrighted or performance-protected performances such as, for example, recordings of concerts, theatrical performances, etc., or parts thereof, or continue to take over other performance-protected services, such as, for example, television broadcasts, subscriptions and demos,
Third parties have participated in the production of the content such that they may have acquired rights to perform performance, for example for recording, directing, editing, sound, camera etc., and consent to the exploitation of the contents has not been expressly declared;
Personal or other sensitive information about individual persons or groups of persons, unless the necessary consent and / or use rights are available;
Third persons are shown in photographs and videos in such a way that they do not fall into the background for the viewer in their significance for the picture / video, unless the user has explicit consent.
The user also guarantees the operator not to place any evaluations in the service which otherwise interfere with the rights of third parties or whose content is illegal or has been declared inadmissible by the operator.
9.2. The user is solely responsible for all ratings he has posted, including comments on the content of other users. The operator does not check the content posted by the user.
In this context, the user undertakes to release the operator from all liability and any costs, including possible costs of judicial proceedings, if the operator is used by third parties because the user is entitled to their rights (eg copyrights and trademark rights, general personality rights) , The right in one's own image, etc.). The operator will inform the user of the claim and give him / her the opportunity to defend the claimed claim as far as this is legally necessary and / or possible.
10. Liability of the operator
The operator is liable according to the legal regulations, but with the following restrictions:
The operator disclaims all liability for financial or other non-physical damages that may be associated with this service, unless the operator and / or the operator's claims for damages have caused such damages intentionally or through gross negligence.
The operator assumes no liability for the uninterrupted availability of the system as well as for system-related failures, interruptions and / or disturbances of the technical facilities and the service of the operator insofar as these symptoms lie outside the sphere of influence of the operator. In particular, the operator is not liable for disturbances in the quality of the access to the service of the operator due to force majeure or due to events which are not the responsibility of the operator, in particular the failure of communication networks and gateways. The operator will not accept any liability for insignificant interruptions to the service.
Furthermore, the operator is not liable for the unauthorized knowledge of third parties of personal data of users, unless the operator and / or fulfillment aids of the operator made the unauthorized acquaintance of personal data by third parties intentionally or through gross negligence. The operator is also not liable for the fact that the information and information that the user has made available to third parties is abused by the user.
If the user is harmed by the loss of data, the operator is not liable for this, insofar as the damage had been avoided by a proper, regular and complete backup of the important data of the user.
In addition, the operator is not liable for contract-type or unpredictable damages, as long as the damage does not affect life, body or health.
The following also applies:
The operator is not obligated according to the legal requirements of 8 - 10 TMG and is also not in a position to examine and / or monitor the legality of the evaluations made by users and to investigate circumstances which indicate an illegal activity , This also applies to hyperlinks. The operator does not adopt the content as its own.
If the operator is informed of legal violations and / or legal violations, the evaluations are subject to immediate deletion, subject to a comprehensive examination. The operator reserves the right to block and / or permanently remove user-made content including links. The operator is only liable for evaluations in the sense of 8 - 10 TMG at the earliest but at the time of the knowledge of a concrete infringement. The operator shall, in appropriate cases, provide a function by means of which alleged infringements of the law may be reported.
11. Violations of these assessment guidelines
In the case of infringements of these assessment guidelines, the operator is entitled to temporarily or permanently exclude the user from the use of the service as a milder measure compared to the termination of the agreement. This is intended to encourage the user to stick to these conditions in the future. However, the operator also reserves the right to terminate an extraordinary termination of the user relationship, which can lead to the immediate and irrevocable deletion of all data and evaluations by the user.
12. Termination of the usage agreement
12.1. As a rule, however, termination is not required. It is sufficient to no longer use AUBII's services. However, membership can beterminated at any time without notice by e-mail to service (at) ausgezeichnet.org.
12.2. An imminent extraordinary termination for important reasons is reserved for the operator as well as the user.
12.3. If the operator declares the extraordinary termination, the user is not allowed to register with the operator, unless the operator agrees.
The operator may at any time decide to terminate individual services or the offer as a whole, in the future only to operate or to modify it. In this case, there are no substitute claims of the user / member, in particular not due to the deletion of the evaluations he has set. Instead, the user is obliged to take care of the necessary data backup.
13. data protection
The protection of the personal data of the users is a special concern to the operator. Further information on data protection can be found in data protection.
14. Changes to valuation guidelines
14.1. The operator reserves the right to change the evaluation guidelines at any time without giving reasons. The new evaluation guidelines are sent to the user via e-mail.
14.2. The new evaluation guidelines are deemed to be agreed if the user does not object to their validity within 14 days after receipt of the e-mail. The contradiction requires the text form. The operator will inform the user in the e-mail separately of the possibility of objection, the deadline and the consequences of the inactivity of the user. If the user objects, each party has the right to terminate the agreement by e-mail or in writing with the deadline for termination.
14.3. The possibility of changing the evaluation guidelines according to the above provisions does not exist for any changes which would affect the content and extent of the usage of user rights to the content by the user nor for changes to the content and scope of regularly free service packages nor for the introduction of new, Hitherto not included in the assessment guidelines for the user.
The right of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods shall apply to these assessment guidelines and all legal relations between the member and AUBII.
Should individual provisions of these valuation guidelines be or become invalid, this does not affect the validity of the remaining provisions of this agreement. In the case of invalidity of one or more provisions, the statutory provisions shall apply.
Verbal collateral agreements do not exist. Amendments and / or additions to this Agreement shall be deemed to be valid unless otherwise agreed in writing. This also applies to any waiving of the written form requirement.
Deviating business conditions of the user / member are not accepted.