General terms of use for the use of the Pfando app
The use of the app requires that you (hereinafter referred to as the "user") agree to the following terms of use. Therefore, please read them carefully.
1. general
1.1 The following terms of use apply as general terms and conditions for the use of the Pfando app (hereinafter referred to as the "app").
1.2 The provider of the app is Pfando's cash & drive GmbH, Hohenzollerndamm 184, 10713 Berlin (hereinafter referred to as "Pfando"). Pfando operates the app for Pfando's cash & drive GmbH and Pfando GmbH, Hohenzollerndamm 184, 10713 Berlin.
1.3 The current version of these Terms of Use can be accessed via the app menu. To do this, tap on the side menu and navigate to the settings where the terms of use are stored. Pfando reserves the right to amend these terms of use if necessary for factual reasons (e.g. changes in the legal situation or case law). Pfando informs users of changes to the terms of use and makes the updated version available. The user may object to the amendment of the terms of use within a period of 14 days by sending an e-mail to info@pfando.de. If they object, they may no longer use the app. In this case, Pfando will ask the user to uninstall the app. If the user does not object, the changes will automatically take effect after the 14 days have expired.
1.4 Users can contact the following address with questions, complaints or objections regarding the app: info@pfando.de
2. functional scope and usage requirements of the app
2.1 The app is available for the Android and iOS operating systems and can be downloaded and installed free of charge from the respective app stores under the conditions applicable there. Costs may be incurred by the mobile phone provider for data transfer to the smartphone. Pfando has no influence on the terms of use of the respective app stores. The user is responsible for ensuring compliance with them.
2.2 Use of the app is free of charge. Costs may be incurred by the mobile phone provider for data transfer to the smartphone.
2.3 Pfando endeavors to enable the continuous use of the app within the scope of its technical and organizational possibilities. Due to maintenance work, disruptions caused by the Internet or force majeure, the usability of the app or individual functionalities may be restricted or completely suspended. Pfando is also entitled to change, expand and temporarily or permanently discontinue the functionalities of the app at any time. The user is not entitled to use individual or all functionalities of the app, in particular constant availability. In order to make full use of the app's functions, the smartphone on which the app is installed must have an internet connection. This must be provided by the user and is not part of the app.
2.4 The functional scope of the app includes the following areas:
- Search for nearby stores
- Simple management of contract data
- Access to contract details, such as vehicle data or rental payments
- Bonus point system
- Participation in actions
- Simple creation of callback requests
- Receive personal messages from my branch manager or Pfando
2.5 System authorizations requested by the app serve exclusively to ensure the proper operation of the app and its functions. System authorizations that are subsequently withdrawn or not granted may lead to the app behaving incorrectly or to individual functions not being available.
3. rights to content
3.1 The app contains digital content from Pfando. This includes in particular all information, materials and media published in the app in any form, in particular texts, data, graphics, photos, software, sounds, music, videos and other moving and non-moving images and other material.
3.2 The digital content is protected by copyrights, trademark rights, database rights and other applicable intellectual property rights to which Pfando is entitled or to which Pfando holds the right of use. Pfando does not grant any rights to the user.
4. rights of use
4.1 The granting of rights to use the app is conditional on compliance with these Terms of Use. In the event of a breach of these Terms of Use by the user, the rights to use the app, including its content, shall expire automatically.
4.2 Pfando may, at its own discretion and without prior notice, block a user's access to this app, including all functions and content, in whole or in part, if there are reasons to believe that the user is violating the terms of use or causing damage through his use of the app, including its content.
4.3 In addition to the loss of rights of use, a breach of these Terms of Use may have further legal consequences for the user, for example in the event of unlawful use of the app and its content. This also includes the cessation of further use and claims for damages. Any unlawful use, in particular commercial reproduction, distribution or publication for commercial purposes, will be prosecuted by Pfando under civil and criminal law.
5. duties and responsibilities of the user, prohibitions
5.1 The user is obliged to use the app only lawfully in accordance with these Terms of Use and in compliance with applicable law. The user is responsible for this.
5.2 It is not permitted to provide, publish, license, sell or otherwise commercially exploit the app to third parties for a fee or free of charge. No rights to the app may be rented, leased or otherwise transferred.
5.3 It is not permitted to modify, adapt, translate, create derivative works from, reverse engineer, disassemble or otherwise attempt to derive the source code of the App. Legal rights remain unaffected, in particular the user's right to decompile the app in order to obtain the information required to establish its interoperability with other programs, unless the provider makes this information available to the user on reasonable terms. The user is not permitted to decompile the app for other purposes.
5.4 Any use of the app that has a negative impact on the app itself or websites linked to it, or on software accessed through the app, is also prohibited. In particular, any manipulation of the app or the program code, for example by viruses, Trojans or other harmful program codes or other actions or tools that could cause damage to the app, the service, the digital content or technical equipment is prohibited.
6. discontinuation/termination
6.1 Pfando may discontinue the app in whole or in part at any time, with immediate effect and without notice.
6.2 Furthermore, Pfando may terminate the contractual relationship for the use of the app with users of the app with immediate effect for good cause. Good cause exists in particular in the event of use contrary to the obligations and prohibitions under clause 5.
6.3 The user can terminate the use of the app at any time by sending an email to info@pfando.de. In the event of termination, the user is obliged to uninstall the app.
7. warranty
7.1 Pfando provides the app to the user free of charge and "as is". In particular, no guarantee of availability is given. Warranty rights and liability are excluded, unless liability is mandatory under the Product Liability Act, due to intent, gross negligence, injury to life, body or health, due to the assumption of a guarantee of quality, due to fraudulent concealment of a defect or due to the breach of essential contractual obligations. This also applies to any support services.
7.2 Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of a contract and on whose compliance the contracting parties may regularly rely.
7.3 Pfando endeavors to ensure that the digital content, information and services published in the app are correct, complete and up to date, but assumes no liability in this respect.
7.4 If the user accesses external websites via links in the app, the responsibility also lies exclusively with the providers of these sites. Pfando does not adopt the content of these sites as its own. Any liability or warranty on the part of Pfando for the content of the linked pages is excluded. At the time of linking, Pfando was not aware of any illegal content on the linked pages. Pfando has no influence on current and future changes to the linked pages.
8. data protection information
The data protection information from the vehicle purchase contract applies.
9. special conditions for the iOS version of the app
The following conditions apply to the purchase of the app via the Apple App Store and the use of the app under the iOS operating system.
9.1 Maintenance and support
Pfando, as the publisher of the App, is solely responsible for the maintenance and support of the App in accordance with these Terms of Use. Apple assumes no obligation to provide any maintenance and support services in relation to the app.
9.2 No liability of Apple for malfunctions
In the event of malfunctions of the app, you are free to inform Apple of this. To the extent permitted by law, Apple has no further obligations due to malfunctions of the app.
9.3 Product liability
Apple is not responsible for any claims by you or any third party relating to the App or its possession or use, including
- Claims due to product liability,
- claims on the basis that the app does not comply with applicable legal or regulatory requirements and
- Claims under consumer protection and privacy or similar laws, including in connection with the use of the HomeKit frameworks.
9.4 Infringement of third-party property rights
In the event that any third party asserts a claim that the App or your possession or use of the App infringes any Intellectual Property Rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such Intellectual Property Rights infringement claim.
9.5 US embargoes and sanctions
By accepting these terms of use, you confirm that,
- you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a "terrorist supporting" country; and
- that you are not listed as a Prohibited or Restricted Party by the United States Government.
9.6 Third party beneficiary of Apple
You acknowledge and agree that Apple is a third party beneficiary under these Terms of Use and therefore Apple may enforce these Terms of Use against you. The modification and termination of these Terms of Use, including Apple's rights hereunder, are reserved by the parties and do not require Apple's consent.
10. special terms of use additional terms and conditions platform Android (Google)
10.1 Pfando grants Google a non-exclusive, worldwide and royalty-free license to copy, execute, display, analyze and use the products in connection with
- the operation and marketing of Google Play
- the marketing of devices and services with which the products can be used
- the improvement of Google Play and the Android platform, and
- Verification of compliance with this agreement and the program guidelines for developers.
10.2 Pfando grants Google a non-exclusive and royalty-free license to distribute the Products in the manner specified in the Play Console.
10.3 Pfando grants users a non-exclusive, worldwide and perpetual license to run, display and use the products on the device. Users may also be, for example, a family group with a family administrator and family members whose accounts are merged for the purpose of forming a family group. Family groups on Google Play are subject to appropriate restrictions to prevent misuse of family sharing features. Users in a family group can purchase a single copy of a product and share it with other family members in their family group. This does not apply to in-app and subscription products, which cannot be shared.
If Pfando specifies in Play Console that sharing of purchased products by users is permitted, Pfando's authorization of sharing of these purchased products by users is subject to this agreement. Pfando may include a separate End User License Agreement (EULA) in its product that governs the user's rights in relation to the product. However, in the event of a conflict between the End User License Agreement and this Agreement, this Agreement shall take precedence over the End User License Agreement.
10.4 This EULA is agreed exclusively between the user and the provider and not with Google. Google assumes no responsibility for the app.
10.5 Google is in no way obliged to provide maintenance and support services in relation to the app.
10.6 The user may reinstall the app as many times as they wish, unless the app is removed from the Google Play Store by the provider or Google. If the app is completely removed from the Play Store, users no longer have the right or option to reinstall it.
11. final provisions
11.1 The law of the Federal Republic of Germany shall apply.
11.2 Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid or void provision shall be replaced by a provision that comes closest to the economic purpose of the invalid or void provision in an effective manner.