15. Service by external service providers
The Service may contain advertisements and promotions offered by third parties, as well as links to other websites or Internet resources. Third parties who, with the permission of xsmobile Offer services on xsmobile’s portals may be subject to additional conditions and may be chargeable to the User.
The user is obliged to inform himself/herself about the general terms and conditions and prices of a third party service provider before using the service. xsmobile is neither a party nor a representative of a contractual relationship between the user and the third party service provider.
xsmobile is not responsible for the availability (or lack of availability) of such external websites or Internet resources. If the User chooses to interact with third parties through xsmobile’s services, their relationship with the User is subject to the terms and conditions of such third parties. xsmobile is not responsible or liable for the terms or actions of such third parties.
xsmobile reserves the right to amend these General Terms and Conditions at any time, insofar as this does not affect essential provisions of the contractual relationship and it is necessary in order to adapt to developments which were not foreseeable for xsmobile at the time of conclusion of the contract and the non-observance of which would noticeably disturb the balance of the contractual relationship. Essential provisions are, in particular, those relating to the type and scope of the agreed Services as well as the term, including the provisions on termination. xsmobile is entitled to make changes to close any gaps in the contract, in particular due to legal changes and changes in case law.
17. Liability of xsmobile
- xsmobile assumes no responsibility or liability for the accuracy and security of the data and content published or transmitted by other Users. xsmobile also assumes no liability for the correctness of the contents of the User profiles. Although this is not permitted, Users may enter incorrect or illegal information and content or use xsmobile’s Services for inappropriate or illegal purposes.
- xsmobile provides an IT service with access to the database and does not guarantee success. As xsmobile has no influence on the transmission of data via the internet outside its own IT infrastructure, and due to the characteristics and uncertainties of the internet, xsmobile cannot accept any liability for such external data losses and/or errors in data transmission. xsmobile is not liable for any failure of the offer which is beyond its control (e.g. due to force majeure or technical malfunctions of the internet).
- xsmobile assumes no liability for the misuse of information provided by the User to third parties. xsmobile is also not liable for the unauthorized access of third parties to the personal data of Users (for example through unauthorized access to the central database), unless xsmobile has deliberately or grossly negligently made the unauthorized access by third parties possible.
- xsmobile is only liable – except in the case of breach of essential contractual obligations, in the case of injury to life, body or health or in the case of claims arising from the Product Liability Act – for intent and gross negligence. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
- In the event of a minor negligent breach of an obligation which is essential for achieving the purpose of the contract (cardinal obligation), xsmobile’s liability shall be limited in amount to the damage which is foreseeable and typical for the type of activity in question.
- The above limitation of liability also applies to the personal liability of xsmobile’s employees, representatives and agents.