General Terms and Conditions for Users

As of April 2022

CoBenefit provides a platform that allows users to get informed about our initiatives and take part by registering as a participant. Initiatives are different projects with the aim of achieving a common purpose, such as improving the position of consumers through joint action and thereby benefiting (better prices, more security in procurement). They are launched by initiators in consultation with us and with our approval. Initiators can be anyone who wants to start an initiative, e. g. local authorities, energy service companies, cooperatives as well as local associations and organisations, but also service providers or CoBenefit itself. Private individuals can also submit requests and suggestions for initiatives. Initiators provide information and materials about the project and its objectives. Within the framework of the initiatives, we work together with our cooperation partners who provide the participants with offers for the realisation of the initiatives as well as additional accompanying services (e. g. installers, suppliers, service providers). Cooperation partners can also be the initiator of a project themselves or use the platform to carry out their own projects.

1. General and scope of application

1.1. These general terms and conditions of business and use (hereinafter “GTC”) contain regulations of CoBenefit UG (limited liability), Auf den Häfen 12-15, 28203 Bremen, Germany - hereinafter “CoBenefit” - for all legal transactions in which these GTC are effectively included. They apply in particular to all uses of the platform provided by CoBenefit, the services provided within the framework of the platform as well as the agreements made between the user and CoBenefit, in particular for contracts for the arrangement of initiatives.

1.2. Contracting parties in the sense of these GTC are all users, e.g., also as participants, initiators, providers, and cooperation partners.

1.3. General terms and conditions of the user are expressly rejected and shall not become part of the contract.

1.4. These GTC regulate the relationship between the user and CoBenefit within the framework of the legal relationship on the basis of the use of the platform and the agreed upon services provided by CoBenefit. The possible contractual relationships between the user and the providers or cooperation partners are not affected by this.

2. Use of the platform

2.1. A contract of use between the user and CoBenefit arises through the registration on the platform. The user is solely responsible for the completeness and correctness of all data entered or otherwise transmitted by them within the scope of the registration and on the platform. Authentication information must be handled with care.

2.2. The free use of the registration is only permitted to persons who have unlimited legal capacity and act exclusively on their own account.

2.3. The platform is made available exclusively for the purposes offered by CoBenefit. Any activity which may impair the operation of the platform or the technical infrastructure behind it and/or to burden it excessively should be refrained from. This applies in particular to the use of software, scripts or databases in connection with the use of the platform as well as the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the platform. Any use of the platform or the information offered that is not in compliance with the contract is expressly prohibited, including use for the provision of content or links for other purposes. Damages resulting from this may be claimed by us.

2.4. There is no entitlement to maintain individual functionalities of the platform.

2.5. If we detect misuse of this platform by individual users, we reserve the right to exclude them from further use. This includes a temporary or permanent blocking of access authorisations.

2.6. When creating and using content on the platform, the user is obliged to respect the applicable law and not to infringe any third-party rights. This applies in particular to the use of contents which are protected by copyright as well as trademarks and other industrial property rights but also to the provision of links to external contents. CoBenefit is entitled at any time to block the access to individual contents if the suspicion exists that these violate a valid right or rights of third parties.

2.7. The user grants CoBenefit a free of charge, spatially and temporally unlimited, irrevocable, non-exclusive right, transferable to third parties, to utilise the posted content within the framework of the platform and the services offered. CoBenefit is entitled to use, edit, and exploit the contents. This includes in particular the right of duplication, the right of distribution, the right of public reproduction and the right of making it available to the public. The user renounces the right to the naming of the author.

2.8. The user indemnifies CoBenefit in the event of a claim due to an alleged or actual infringement of the law and/or infringement of the rights of third parties by actions undertaken by the user in connection with the use of the platform from all claims of third parties resulting from this. In addition, the user agrees to reimburse all costs which CoBenefit incurs as a result of the claim by third parties. The reimbursable costs also include the costs of an appropriate legal defence.

3. Information provided and links

3.1. CoBenefit attempts to ensure that the offers and contents are always up to date and correct. Service and/or product-related information with regard to the offers, in particular to the scope of services, to the conditions and the prices are based on the information of the respective providers and cooperation partners. A liability of CoBenefit for the topicality, completeness and correctness of the represented offers is excluded from being subject to the general limitation of liability below.

3.2. Information provided is not to be understood as an assurance or guarantee and does not constitute advice for the user. It is only intended to provide orientation and information for the user. Also, no completeness can be guaranteed. Advice on the manner of realisation, assurances and guarantees can only be given by the provider or cooperation partner.

3.3. CoBenefit also uses links on the platform to external services or websites for which the respective provider or operator is responsible and, on whose contents, CoBenefit has no influence on, in particular in the case of change of the contents. Therefore, a guarantee for the contents cannot be given because a permanent supervision of the external contents is not reasonable. When the link is placed, as well as in the event of firm indications arising later, we check the content and remove it if it no longer corresponds to the original content or if legal violations are recognisable.

4. Registration and performance as a participant in an initiative

4.1. If a user of the platform registers for an initiative as a participant, a referral contract between the user and CoBenefit is created. Registration does not entail any obligation on the part of the participant to conclude a contract with a provider or cooperation partner. Likewise, no obligation of a provider or cooperation partner to conclude a contract with the participant arises as a result.

4.2. CoBenefit contacts the providers and cooperation partners that are relevant to the framework of the initiative so that they can submit corresponding offers or, if necessary, contact the participant for further coordination. The providers and cooperation partners do not receive direct access to the participants' data. However, the providers are provided with the necessary information to enable them to submit an offer to the participant. This includes, in particular, name, address, contact details (e-mail, telephone) as well as the information within the scope of the initiative that is required in each case to enable the participant to receive the offer and related services.

4.3. With the registration for an initiative, CoBenefit provides the participant with further information available. For each registration of a participant for an initiative, a separate referral contract is concluded.

4.4. The participant is obliged to immediately check contractual documents or offers received from providers or cooperation partners for correctness and to inform them accordingly without delay in case of errors.

4.5. Insofar as the participant gives their consent, other participants can also recognise that they have registered for an initiative. However, a contractual relationship between the participants is not established through this or through the registration alone.

4.6. CoBenefit provides its services to participants free of charge within the scope of registration. In the case of successful arrangement of offer CoBenefit receives a referral commission from the respective provider or co-operation partner.

4.7. CoBenefit receives information from the providers and cooperation partners whether a contract has been concluded as well as on the main contents of the contract, in particular regarding the subject matter of the service, the price and the temporal sequence. The use of this information is limited to the purposes of the fulfilment of the referral contract between the participant and us as well as the cooperation contract between the provider and/or cooperation partner and CoBenefit.

4.8. CoBenefit has no influence on the possible contract design and its realisation between the participant and provider or cooperation partner. Also, CoBenefit does not become a contracting party or otherwise involved in the contracts closed between participant and provider and/or co-operation partner, unless expressly stated otherwise.

5. Premiums, participant recruits participant

5.1. If a participant (reference participant) wants to recruit a new participant (recruited participant) to join an initiative in order to receive a premium for such action, this can be done under the following conditions.

5.2. The initiative must explicitly state the possibility of recruitment, also stating the possible premium. The reference participant receives the premium offered within the framework of the initiative if an effective contract is concluded between the recruited participant and a provider or cooperation partner with the involvement of CoBenefit (or the platform) on the basis of the recruitment followed by the realisation of the contract. The premium claim only becomes due with the fulfilment of the payment obligations of the recruited participant.

5.3. The reference participant must fulfil the following requirements: They are a natural person, have reached the minimum age of 18, and are themselves a participant or initiator of the initiative in question for which the recruitment is taking place. The recruitment is only permitted as a consumer and for private purposes only (not professional or business activity). In this context, it is pointed out that the receipt of premiums or the corresponding countervalue may be subject to tax. The recipient of premiums is responsible for the corresponding taxation.

5.4. The recruited participant must be personally known to the reference participant, and must genuinely be interested in participating in the initiative. Unfair influence, false or euphemistic statements in connection with the initiative are not permitted. In particular, the recruiter must not already be a participant in the initiative at the time of recruitment.

5.5. The reference participant is only entitled to a premium if they have already concluded a contract as a participant of the initiative at the time of the conclusion of the contract between the recruited participant and the provider or cooperation partner.

5.6. Multiple premiums for a referral or through other premiums, remuneration or commission systems of CoBenefit or a provider or cooperation partner within the framework of the initiative is excluded.

5.7. Only the initial referral of a recruited participant is subject to a premium. In particular, further contracts of the recruited participant within the scope of other initiatives are not subject to premium payment without the explicit involvement of the reference participant.

5.8. The premiums are awarded at the end of each calendar quarter unless other settlement modalities have been agreed to.

5.9. If the reference participant violates the above provisions in the course of the recruitment, the premium entitlement shall lapse.

6. Contract period and termination

6.1. Unless otherwise agreed to or clearly resulting from the subject matter of the contract, contracts are concluded for an indefinite period of time and can be terminated by the user at any time, usually on the platform by revoking the registration or through definitive notice to us. We may terminate the contract with a notice period of two weeks. Terminations for exceptional reasons remain unaffected.

6.2. The right of withdrawal for consumers remains unaffected.

7. Right of withdrawal for consumers

Consumers have a right of revocation and may revoke this contract within fourteen days from the date of conclusion of a contract without stating any reason. Details can be found in the cancellation policy below.

8. General limitation of liability

CoBenefit is liable for damages in the case of violations of its obligations without limitation for gross negligence and intent as well as for damages from injury to life, body and health. In the event of a slightly negligent violation of obligations essential to the contract the liability of CoBenefit is limited to the typical contractual damage foreseeable at the time of the conclusion of the contract. Obligations essential to the contract are thereby obligations, whose fulfilment makes the proper execution of the contract between the cooperation partner and CoBenefit at all possible and on whose observance the cooperation partner regularly trusts and may trust. CoBenefit is not liable in all other respects.

9. Data protection

The personal data entered by the users will be processed for the purposes of the contractual services, in particular for the use of the platform as well as for the arrangement of offer and processing of the cooperation agreements with the providers and cooperation partners. For further information, please refer to our privacy policy on our website.

10. Exclusion from dispute resolution proceedings with consumers

The European Commission provides a platform for online dispute resolution between businesses and consumers (ODR platform):
CoBenefit is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Other provisions

11.1. The contractual relations of the parties shall be governed by the law of the Federal Republic of Germany except for the conflict of laws related to the Introductory Law of the German Civil Code (EGBGB). If the contractual partner is a consumer who has their habitual residence in another EU member state or the UK, the mandatory consumer protection provisions of the country of their habitual residence shall remain additionally applicable in favour of the customer.

11.2. If the user is a business, a legal entity under public law, or a special fund under public law, Bremen shall be the exclusive place of jurisdiction for all disputes between the contracting parties, irrespective of the legal grounds, unless another place of jurisdiction is prescribed by law. This also applies if the user has no general place of jurisdiction in Germany.

11.3. If individual provisions of this contract are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. This also applies to separable parts of invalid provisions.


Cancellation policy

Right of cancellation

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

CoBenefit UG (limited liability), Auf den Häfen 12-15, 28203 Bremen, Germany

of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

You can find a sample cancellation form for download as a PDF file here.