1. General
1.1 onOffice GmbH, located at Charlottenburger Allee 5, 52068 Aachen, Germany, (hereinafter referred to as “onOffice”) offers its software customers (hereinafter referred to as “users”) the opportunity to participate in the marketing of one or more properties and to engage in joint ventures through the internet platform onOffice MLS (hereinafter referred to as “platform”).
1.2 These terms of use conclusively regulate the provision of the platform by onOffice and the use of the platform by the users.
1.3 onOffice reserves the right to change this agreement at any time and without giving reasons. Such changes will be communicated to the user in advance by email.
1.4 If the user does not object to the changes within four weeks, the changes are considered agreed. The user will be separately informed about the right to object and the legal consequences of silence.
2. Services of onOffice
2.1 onOffice operates a platform under the domain onOffice MLS where users have the opportunity to publish property offers, match listed offers with their own customer database, and conclude joint transactions with the indication of a commission split.
2.2 By listing a property on the platform, the user agrees to engage in a joint venture, which includes the willingness to share commissions. When using the platform, each user is entitled to the commission from their client unless otherwise contractually agreed. Any differing commission splits must be specified when listing the property and documented in the agreement upon closing a joint venture. onOffice is not involved in any arrangements regarding differing commission agreements. Properties explicitly listed without commission are exempt from the commission-sharing rule.
2.3 onOffice only provides a platform for the listing of properties. Agreements regarding joint ventures are made directly and exclusively between the users. Consequently, onOffice never becomes a contracting party. users are solely responsible for fulfilling the obligations arising from their agreements with each other.
2.4 onOffice voluntarily provides the platform and reserves the right to terminate it at any time without giving reasons.
3. Access to the Platform
3.1 Access to the platform is generally only available to customers and users of onOffice software.
3.2 The use of the platform is free of charge.
3.3 There is no entitlement to access the platform. onOffice is entitled to reject access requests without giving reasons.
3.4 The following steps must be completed for a user to be admitted to the platform:
- Access must be requested by a natural person from the user’s company who is authorized to represent or authorized to conclude the contract.
- During the registration process, the user agrees to these terms of use.
- Upon receipt of the access request, onOffice reviews the completeness and plausibility of the information. If the information is deemed correct by onOffice and there are no other concerns, onOffice grants access.
- The user guarantees that the information provided is true and complete. The user is obligated to immediately notify onOffice in writing of any future changes to the information provided.
- In case of doubts about the accuracy of the information, the user must, even after being admitted to the platform, provide suitable evidence, such as a business registration, business license, or an extract from the commercial register, upon request.
4. Responsibility for Access Data
4.1 It is the user’s responsibility to ensure that access to the platform is exclusively by the user or persons authorized by the user.
4.2 The user is liable for any use and/or other activity carried out under the user’s access data according to legal provisions.
5. User Obligations
The user undertakes to:
- Only publish title images for properties that do not contain company logos or brand names, and to refrain from including their own website or company names in the property’s free text descriptions. onOffice reserves the right to immediately remove any postings that do not comply with these requirements;
- Ensure that properties are listed on the platform in a legally compliant manner. This includes the obligation not to post any content that infringes on third-party rights, particularly copyright or trademark rights. The user is required to conduct a careful review. onOffice does not review the posted content. If third parties claim legal violations against onOffice, the provider will indemnify onOffice from all claims and cover the legal representation costs of onOffice;
- Ensure that posted content is always free of viruses, trojans, and other harmful files. The user is required to conduct a careful review. onOffice does not review the posted content. If third parties claim legal violations against onOffice in this regard, the provider will indemnify onOffice from all claims and cover the legal representation costs of onOffice. The user is fully liable for any damage caused by transmitting data to onOffice that is infected with viruses, trojans, and other harmful files;
- Refrain from actions that disrupt the processes and functionality of the platform.
6. Suspension Rights
onOffice is entitled to suspend the user’s access to the platform or revoke the user’s access entirely if there is sufficient suspicion that they are violating these terms or applicable law. onOffice is also authorized to block or delete individual postings if they violate these terms. The user can prevent these measures by promptly providing suitable evidence at their own expense to clear the suspicion. After a final suspension, onOffice is entitled to delete the user’s data.
7. Limitation of Functionality, Maintenance Work, and Further Development
onOffice is entitled to temporarily limit its services to a reasonable extent if this is necessary for the implementation of technical measures or maintenance work. The user will be informed in advance about the scope and duration of the limitation if possible. onOffice reserves the right to change or expand the content and structure of the platform at any time.
8. Posting Content
By posting content on the platform, the user grants onOffice a free and transferable right to use the respective content, particularly for:
- Storing the content on onOffice’s server and making it publicly accessible (e.g., by displaying the content on the platform);
- Editing and duplicating, insofar as this is necessary for the maintenance or publication of the respective content;
- Granting usage rights to the content to third parties in accordance with point 9 of these conditions.
9. Usage Rights to the Content Available on the Platform
Unless explicitly allowed in these terms of use or on the platform,
- The user may only retrieve and display the content available on the platform for the purpose of mediating joint transactions;
- The user is prohibited from editing, modifying, translating, showing, presenting, publishing, exhibiting, duplicating, or distributing the content available on the platform for purposes deviating from point 1.1 of these conditions in whole or in part.
For the content that you properly download or print, you receive a perpetual and non-exclusive right of use for the purpose stated in point 1.1 of these conditions. All other rights to the content remain with the original rights holder (the service provider or the respective third party).
10. Marketing
Upon concluding the contract, onOffice is entitled to use the customer as a reference in marketing. onOffice is authorized to name and publish the customer’s name and logo.
11. Content
The content available on the platform is mostly protected by copyright or other protective rights and belongs to the respective user or other third parties who provided the respective content. The compilation of the content as such may be protected as a database or database work in accordance with §§ 4 para. 2, 87a para. 1 UrhG. The user may only use this content according to these terms of use and within the framework provided on the platform.
12. Termination of Use
The user can terminate the use of the platform at any time by requesting onOffice to delete their access. Upon the termination taking effect, the usage relationship ends, and the user may no longer use their access. onOffice reserves the right to block access upon the termination taking effect.
13. Liability
13.1 The content of the platform is based on the publications posted by the users. onOffice does not review the publications. onOffice does not guarantee the accuracy, timeliness, or completeness of the publications.
13.2 onOffice is fully liable for intent and gross negligence, but for slight negligence only in case of violation of essential contractual obligations. The liability for the violation of such an essential contractual obligation is limited to the contract-typical damage that onOffice had to reckon with at the time of the contract conclusion based on the circumstances known at that time. Liability for delay remains unaffected.
13.3 onOffice assumes no liability for disruptions within the transmission network not caused by onOffice.
13.4 The above liability limitations apply mutatis mutandis to the vicarious agents of onOffice.
14. Miscellaneous
14.1 The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, applies. The place of performance and exclusive jurisdiction for all legal disputes is Aachen. onOffice is also entitled to sue at the general place of jurisdiction of the user.
14.2 Amendments and supplements to these terms of use, including changes to this clause, require written form to be legally effective.
14.3 If these terms of use do not contain specific regulations, the general terms and conditions (AGB) of onOffice apply.
14.4 If one or more provisions of these terms of use are invalid, the contract remains otherwise valid. The content of the contract is then governed by statutory provisions where the terms are invalid.