Terms & Conditions

This is a simple translation of the German Terms & Conditions  for your convenience. In case of inconsistencies between the German and English version, the German version shall prevail.

English Translation

Terms of Use for Using, Developing, Managing and Hosting the Enactus IT Platform based on Google Workspace

Preamble

The following Terms and Conditions apply to the local groups and associations affiliated with Enactus Germany e.V., unless otherwise agreed in writing. They exclusively concern the services offered to the local Enactus groups for the use, development, administration and hosting of applications of Google Workspace according to the enclosed description. The use of the IT service platform excludes the parallel provision of third-party services by Enactus Germany e.V. for the work in the affiliated local groups and associations. In particular, users will not use services such as Facebook, WhatsApp, Dropbox, Microsoft OneDrive, Microsoft Teams and Microsoft Sharepoint for local group or association work if Google Workspace applications are available for this purpose.

§ 1 Scope of Application

Enactus Germany e.V. maintains a digital platform for communication and data exchange on Google Workspace. The acceptance and execution of all orders, i.e. in particular the development of applications, the provision and storage of data as well as communication via Google Workspace, shall be subject exclusively to the terms and conditions set out below.

This agreement becomes binding between Enactus Germany e.V. and the affiliated local groups, associations, local Enactus groups as well as their members - hereinafter referred to as users - by way of accepting the Terms and Conditions, as long as this agreement is not replaced by a new agreement.

§ 2 Object of the Provision

The service provided by Enactus Germany e.V. consists of developing Google Workspace applications, managing content and users, making them available and enabling them to be accessed via the Internet by all users.

Enactus Germany e.V. reserves the right to temporarily restrict the communication options and accessibility of content if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of Google Workspace (e.g. maintenance work).

In particular, for technical reasons, it may be temporarily impossible or only possible to access Google Workspace to a limited extent (system failures, force majeure).

§ 3 Online Service Terms of Use of Google Workspace

Enactus Germany e.V. has concluded a volume licence agreement with Google for the provision of Google Workspace and makes this system available free of charge to the affiliated local groups, associations or local Enactus groups (users).

By registering, but at the latest by using Google Workspace, all Users automatically accept these Terms of Use.  By accepting the terms of use for Google Workspace as part of a volume licence agreement for Google Workspace, the requirements of the GDPR according to Art. 28 for the conclusion of a contract for commissioned processing between the client and Google as contractor are currently fully met.

Further information on the certification of Google Workspace is summarised under the following link: https://storage.googleapis.com/gfw-touched-accounts-pdfs/google-cloud-security-and-compliance-whitepaper.pdf.

The access provided to the user is a centrally managed account by Enactus Germany e.V.. This means that administrators on behalf of Enactus Germany e.V. or authorised persons of the affiliated local groups, associations or local Enactus groups can make changes, delete data, view or block accounts if users behave improperly.

User accounts are only provided for students during their active time in an Enactus of the affiliated Local Groups, Associations or Local Enactus Groupings. Separate agreements between affiliated local groups, associations or local Enactus groupings are permitted.

Due to a limited user quota, Enactus Germany e.V. reserves the right to block and delete accounts that have not been active for more than 60 days.

Against this background, the user is solely responsible for securing important data outside of the account provided.

§ 4 Deletion of content, blocking, termination and other measures

Enactus Germany e.V. may take the following measures if there are concrete indications that a user has violated legal regulations, the rights of third parties or obligations resulting from his/her membership in Enactus Germany e.V. (membership obligations) or an affiliated local group or association or local Enactus grouping as well as this agreement:

a) Deletion of content posted on Google Workspace,

b) warning users,

c) restrict and/or limit the use of Google Workspace,

d) temporary suspension of users,

e) permanent blocking of users.

When choosing the measure, Enactus Germany e.V. will take into account the legitimate interests of the user concerned, especially if there are indications that the user is not responsible for the violation.

Enactus Germany e.V. may, in consultation with the boards of the affiliated local groups, associations or local Enactus groups, finally and permanently exclude a user from using the Google Workspace if the user has repeatedly or particularly seriously violated these terms and conditions, or if there is another important reason. In all other respects, the leadership of the local groups and associations or the local Enactus groups shall ensure that access to Google Workspace is only open to active members.

§ 5 Responsibility for the Content

The responsibility for the content of the Enactus Germany e.V. user platform lies exclusively with the users and the local groups and associations affiliated with Enactus Germany e.V.. Neither the correctness nor the completeness of the content is checked by Enactus Germany e.V..

Enactus Germany e.V. excludes any warranty and liability that the advertisements comply with the legal requirements.

§ 6 Exemption

The affiliated local groups and associations, local Enactus groups as well as their members indemnify Enactus Germany e.V. from all claims asserted by third parties against Enactus Germany e.V. due to the infringement of their rights by the content or due to the other use of Google Workspace. The local group or local association concerned shall also assume the costs of the necessary legal defence by Enactus Germany e.V. including all court and lawyer's fees. This does not apply if and insofar as the infringement is not the responsibility of the user(s).

§ 7 Changes to this Agreement

Enactus Germany e.V. reserves the right to change this agreement. Notification of changes shall be made electronically, stating the date on which the changes are to take effect.

In the event of changes, users are free to terminate this agreement by written notice within 14 days of notification of the changes. In this case, the possibility of using Google Workspace will end at the end of the month after the month following the termination.

§ 8 Warranty

As far as the user is entitled to warranty claims by law, Enactus Germany e.V. is first entitled to supplementary performance.

Enactus Germany e.V. shall be released from providing the services promised in this agreement in the event of force majeure. Force majeure includes all unforeseen events as well as all events whose effects on the performance of the services promised in this agreement are not the responsibility of either party. Such events include, in particular, lawful industrial action, also in third party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of service providers, other technical disruptions, even if these occur in the area of subcontractors, sub-suppliers or their subcontractors or with operators of sub-node computers automated by the Provider. Users shall have no claims arising from failures for which Enactus Germany e.V. is not responsible.

§ 9 Limitation of liability

Insofar as companies use the services of Enactus Germany e.V. promised in this agreement as intended, Enactus Germany e.V. shall only be liable for damages, except in the case of a breach of essential obligations arising from this agreement, if and insofar as Enactus Germany e.V., its legal representatives, executive employees or other vicarious agents are guilty of intent or gross negligence. In the event of a breach of material contractual obligations, Enactus Germany e.V. shall be liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents.

Insofar as consumers make use of the services of Enactus Germany e.V. promised in this agreement as intended, Enactus Germany e.V. shall only be liable for intent and gross negligence. However, in the event of a breach of essential contractual obligations, default by the debtor or the impossibility of the services promised in this agreement for which Enactus Germany e.V. is responsible, Enactus Germany e.V. shall be liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents.

Except in the case of intent or gross negligence on the part of legal representatives, executives or other vicarious agents, the liability of Enactus Germany e.V. shall be limited to the amount of damages typically foreseeable at the time this agreement was concluded.

Liability for compensation of indirect damages, in particular for loss of profit, exists only in the case of intent or gross negligence of legal representatives, executives or other vicarious agents of Enactus Germany e.V..

The aforementioned exclusions and limitations of liability vis-à-vis entrepreneurs and consumers do not apply in the case of the assumption of express guarantees by Enactus Germany e.V. and for damages resulting from injury to life, body or health as well as in the case of mandatory statutory provisions.

§ 10 Copyright and Rights of Use

All data, information, logos, texts, programs and images of the advertisements placed on the Google Workspace user platform are subject to German copyright and ancillary copyright law. Modification, further processing and use in media of any kind by third parties is not permitted. The rights of the creator remain unaffected. The creator is free to dispose of his own data and information and to grant third parties rights thereto by means of independent licences detached from this agreement. The user agrees not to post any content that infringes the rights of third parties or violates applicable provisions of German law and to use the Google Workspace exclusively for the work in his local group or association, its interaction with other Enactus groups and communication with Enactus Germany e.V..

§ 11 Data Protection

(1) Enactus Germany e.V. collects, processes and uses personal data of the local groups and associations as well as of the users as far as they are necessary for the implementation and execution of this agreement.

(2) Enactus Germany e.V. is furthermore entitled to use the user's data that accrues in connection with the use of the user platform for its own purposes. The user has the option to object to this use by notifying Enactus Germany e.V. in writing.

(3) Enactus Germany e.V. draws the attention of users, local groups and associations to the fact that data protection for data transmission via the Internet cannot be comprehensively guaranteed according to the current state of technology. Users, local groups and associations as well as local Enactus groups are aware that other participants on the Internet may also be technically capable of unauthorised intervention in network security and of disrupting or controlling message traffic.

(4) Enactus Germany e.V. expressly points out to users that all data collected in Google Workspace is transferred to countries that are secure and insecure in terms of data protection law, such as the USA. In addition, Enactus Germany e.V. cannot rule out the possibility that the data stored in Google Workspace may be used (uncontrolled) by Google and passed on by Google to third parties (in particular, but not exclusively, to American authorities). Against this background, data may only be collected, processed and/or stored in Google Workspace if there is documented consent from the persons concerned. Furthermore, NO data may be collected that falls into the category of special personal data pursuant to Art. 9 (1) DSGVO. Special personal data are (as of May 2022):

Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data uniquely identifying a natural person, health data or data concerning a natural person's sex life or sexual orientation.

(Source: https://dsgvo-gesetz.de/art-9-dsgvo/)

(5) The collection of normal personal data should be kept to a minimum, despite the consent of the data subjects. The responsibility for obtaining consent lies with the users who collect, process and/or store the data concerned.

(6) By using Google Workspace, users expressly consent that the data they collect, process and/or store in Google Workspace may be

a) may be passed on to Google

b) be transferred to third countries of the EU (in particular, but not exclusively, to the USA) that are insecure in terms of data protection law.

c) Google may use the transferred data for its own purposes.

d) Google may disclose the transmitted data to US authorities.

(7) Users hereby expressly agree not to collect, process and/or store any special categories of personal data (for definition see Art. 9(1) of the GDPR) in Google Workspace.

(8) Users hereby expressly undertake to obtain documented consent for the collection, processing and storage of data from (project) partners who do not themselves have Google Workspace access provided by Enactus Germany e.V. before the first collection of personal data from this (project) partner. This consent must include the following:

a) Transfer of the data to Google.

b) Transfer of the data to third countries of the EU that are insecure in terms of data protection law (in particular but not exclusively to the USA).

c) Use of the data by Google.

d) Disclosure of the data by Google to US authorities.

§ 12 Place of performance, Choice of Law, Place of Jurisdiction

Enactus Germany e.V. offers the services promised in this agreement exclusively in the territory of the Federal Republic of Germany. This agreement shall be governed exclusively by German law.

The exclusive place of jurisdiction for all disputes arising from this agreement between Enactus Germany e.V. and an entrepreneur is Cologne.

 Enactus Germany e.V. is furthermore entitled to sue users, local groups or associations at their general place of jurisdiction.

§ 13 Severability Clause

In view of the conclusion of this agreement, the parties agree that in the event of the invalidity of an individual provision, the validity of the remaining provisions shall not be annulled. The invalid provision shall be replaced by a provision that most closely reflects the interests of the parties in a legally effective manner. This applies analogously to any loopholes that may occur.

Cologne, 09/05/2023

Enactus Germany e.V.