Bonema #UpForCollab Terms of Use

As Bonema #upforcollab we want to empower you to become a more successful Real Estate Agent or Company. Bonema provides a personalized subscription service that allows its members to collaborate with other Real Estate Agents through the platform.

These Terms of Use apply to you if you want to collaborate with other Real Estate agents and companies on our platform. Bonema #upforcollab is operated by Bonema GmbH (“Bonema” or “We”). Further information can be found in the Imprint.

Acceptance of Terms

Your Bonema Membership will continue until terminated. To use our platform and services, you must first sign up for a membership, and provide us with a Payment Method. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).

We may offer a number of membership plans, some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by visiting our website and clicking on the "Account" link available at the top of the pages under your profile name. By signing up, you accept these Terms of Use and you agree to the Privacy Policy, which you can view on our website at any time.

Services

As a member, you may look for other Agents on the platform to collaborate with on real estate sales and other partnerships. Try your favorite membership for 90-days and cancel at any time if you see no benefit in our service. Bonema has the right to amend and modify memberships at any time. There is no entitlement to the provision of membership accounts, a certain usage capacity, or the error-free and uninterrupted availability of the Bonema #upforcollab platform and services.

Registration

To sign up as a member, you need to be at least 18 years old, enter a valid email address, and choose a secure password. Keep in mind, that you are responsible for your license according to section 34c of the German industrial code (Gewerbeordnung) issued by your responsible district authority (Bezirksamt). Basic and Premium members need to verify their accounts and therefore need to present the necessary licenses, documents, and their ID, or in case of a company the Trade Register Number (HRB XXXXXX X).

Your profile will be active and visible to others once you have completed the sign-up process and verified your membership. Your membership is only valid for you personally or your company, i.e. you may not, transfer it to a third party or allow a third party to use it. As a Premium member, you can add a co-worker for free. You are responsible for all activities that take place in your account within the network and must inform us immediately in case of any unauthorized access to your account.

All information that you provide during your registration must be complete, accurate, and current at all times to be able to provide our services to you and to get in touch with you when necessary.

We reserve the right to adjust the password requirements at any time to comply with current security standards and we may reset passwords, if necessary, for security reasons. We have the right to amend the requirements for registration or future use of membership accounts. If you do not meet any subsequent requirements, we are entitled to restrict the use of your account or terminate our contract according to section 8.

Membership Terms and Billing

Bonema may change the available Membership types, Terms of Use, and Pricing with notice at any time with effect for the future.

4.1 Billing Cycle. The membership fee will be charged to your Payment Method on the payment date specified on the "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date. If you signed up for Bonema #upforcollab using your account with a third party as a Payment Method, you can find the billing information about your membership by visiting your account with the applicable third party.

4.2 Payment Methods. To use our platform you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

4.3 Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using the information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

4.4 Changes to the Price and Service Plans. We may at our reasonable discretion change the price of our subscription plans from time to time to reflect the effect of changes in the total costs associated with our service. Examples of costs elements that affect the price of our subscription plans include costs for the technical provision and distribution of our platform and services, customer service and other costs of sales (e.g., billing and payment, marketing), general administration and other overhead costs (e.g., rent, interest, and other financing costs, costs of personnel, service providers and services, IT systems, energy), as well as state-imposed fees, contributions, taxes, and duties. Any price changes will apply no earlier than 30 days following notice to you. You can cancel your membership at any time during the notice period to avoid future charges.

Notification and Communication

We may contact you e.g. by email concerning information required for your membership. The storage and processing of your personal data and any communication with you are carried out in accordance with our Privacy Policy, which you can access on our website at any time.

With your registration, you have the opportunity to choose whether you would like to receive our newsletter and product updates, from which you may unsubscribe at any time. Consent to such updates is not required for your registration.

Disclaimer of liability

6.1 Platform and Services. Bonema does not guarantee an error-free and uninterrupted availability of your account and the Bonema #upforcollab platform and services. Liability is therefore excluded to the extent permitted by law. This also applies to any links provided and Content which can be used for test purposes per section 4.

6.2 Collaborating. At Bonema, agents decide what information they want to share on their profiles and listings and are free to decide who they want to work with. Free users are not verified, therefore they don't see some information such as addresses of the properties and agents profile. Basic and Premium members are verified by Bonema and are able to see all provided property information in listings, as well as the full profiles of the agents. Please note that if you wish, you can provide just general information in your listings and profile, and upon request, you can ask for a Non-Disclosure-Agreement (NDA) prior to sending more information. Bonema can not be held liable for any issues among members, Bonema acts mainly as a platform provider for agents and companies up for collaboration.

6.3 Member Responsibility. The member who created the account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through our platform. To maintain control over the account and to prevent anyone from accessing the account (which could include information on message history for the account), the Account Owner should maintain control and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, our platform, or our members from identity theft or other fraudulent activity.

Termination and Deletion of Your Account

You have the right to pause or cancel your membership at any time. In case of a cancellation, you will continue to have access to the Bonema platform service through the end of your billing period. Please contact contact@bonema.de for deletion of your account. You can re-activate your membership and continue collaborating at any time unless you have decided to delete your account. Please note that once you've deleted your account you cannot recover it. All your Data and listings at Bonema will be pulled once your account is deleted.

If you violate these Terms of Use or your account is otherwise being misused, we may terminate the contract with you and delete your account at any time without prior notification and restrict you from any future registration. In addition, we may freeze or terminate your membership if your membership payments fail.

Any claims by Bonema regarding outstanding invoice amounts for purchased memberships and licenses and any further claims also remain unaffected by a termination of the contract.

Modifications to the Terms

We have the right to update these Terms of Service at any time in accordance with this provision. If we make changes, we will publish the new terms on our platform. In addition, we will notify you at least 4 weeks before the changes take effect. This obligation does not apply if you sign up on Bonema at a time when we have already published new Terms of Service which are immediately applicable to new users.

If you do not agree with the changes, you may cancel your Membership by email within 4 weeks after notification. We will then delete your account and all your data.

If you do not cancel your membership within the notified period, your continued use of your membership after such period shall be deemed to be an acceptance of the amended Terms of Service. When we notify you of the updated Terms of Service, we will also inform you of your right to cancel your membership, the period of notice and the consequences of continued use after the period of notice has expired. For changes to the memberships, terms, and pricing, section 4 applies exclusively.

Final provisions

A transfer of rights and obligations from the Terms of Use to third parties requires the prior consent of the other party. This does not apply to a transfer of rights and obligations, in particular the transfer of operational control and responsibility of the platform and other services, to affiliated companies.

German law shall apply as the jurisdiction for the Terms of Service. The UN Sales Convention is hereby excluded. The place of performance for the granting of rights is our registered office, insofar as legally permissible. If you use Bonema #upforcollab as an agent or company, our company headquarters is also the exclusive place of jurisdiction. These Terms of Service are written in German. If there is any contradiction between the German version and a translation of these Terms of Service, the German version shall prevail. In the event of a contradiction between these Terms of Service and additional agreements (e.g. Membership Terms), the additional agreements shall take precedence. Should any provision of these Terms of Service prove to be invalid, ineffective, or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. The invalid or missing provisions shall be replaced by statutory law.

Contact

If you have any questions about these Terms of Use, feel free to contact us at contact@bonema.de

Last Update: January 04, 2021