Terms of Service
1. Scope and Partners of the Service Agreement
2. Definition of Terms
- "Website users" refers to all visitors of the website, whether registered or not.
- "Registered users", specifically refers to those website users who have registered for a Somondo account
- "Organization managers" refers to registered users who create and manage an organization profile on behalf of the organization they represent
3. Role of Somondo and Description of Services
Through the online platform as well as the listed visits and events, Somondo aims to increase the visibility of the non-profit sector. Furthermore, we want to contribute to creating exchange between people of different backgrounds and facilitate education about the non-profit and social sector.
Somondo serves as an intermediary between non-profit organizations and social initiatives on one side and people interested in learning about and visiting these organizations on the other side.
We do so by providing a website for organizations to publicize their work, including any visits and events that they offer. Visitors to the website can use Somondo to search for this information and to contact the organizations listed.
Somondo hereby serves as a contact facilitator and intermediary, never as a service provider, organizer nor implementer of the listed visits and events. Accordingly, any service and contract agreed upon by a website user and an organization listed on this platform does not involve Somondo and is not subject to these Terms of Service.
4. Spirit and Code of Conduct
Somondo is an online platform bringing people from diverse backgrounds together. Values such as mutual respect and fairness are essential for the Somondo website as well as the listed visits and events. We expect that our website users will behave in a respectful and fair way.
Accordingly, we will not tolerate any content or links to content that is discriminatory towards a particular religion, nationality, ethnicity, race, age, gender or sexual orientation. Any content on our website that is inclined to incite violence and hatred, is pornographic, or violates other provisions of German law will not be tolerated. Should such content and links be brought to our attention, we have the right to remove it and ban website users posting such content and, where applicable, take legal action against them. "Content" also refers to the messages sent by and comments posted by website users on Somondo.
5. Registered Users
Website users can register a Somondo user account free of charge. This account will enable them to use certain functions, such as creating an organization profile.
Registering a User Account
In order to register for a Somondo account, website users provide information such as their first name, last name, country, and email address. Furthermore, they have to choose a password and accept Somondo’s Terms of Service. The website user has to be an actual person and must provide only truthful, accurate and complete information. For registration, website users must be at least 14 years of age. Registered users are responsible for keeping their access data (email address and password) safe and confidential at all times.
Removing a User Account
In order to remove their account, registered users send an email to the Somondo service team, asking for the removal of their account. In order to enable us to identify which user account to remove, registered users will be asked to include their full name as well as the email address associated with their Somondo account. Registered users are not obligated to state a reason in their request for account removal. Somondo reserves the right to alter this process or replace it through a similar feature at any time.
Organizations, initiatives and projects that want to create an organization profile and list their visits and events on Somondo must have a clear social or environmental purpose at the core of their work and must be non-commercial in nature. We specifically encourage registered non-profit organizations to join our platform. Somondo reserves the right to alter or specify the listing criteria at any time.
Only authorized representatives of the respective organization are allowed to add an organization profile. In order to create an organization profile, representatives must have registered for a Somondo user account beforehand. Furthermore, they must have checked that their organization does not already have an organization profile on the Somondo website.
Adding an Organization Profile
Organization managers can add an organization profile via the user dashboard. All entered information and content must be representative, truthful and accurate, and not violate the provisions outlined in Section 4 ("Spirit and Code of Conduct"). Furthermore, the legal rights of other parties, including copyright and trademark, must be observed.
An organization manager submits a profile for approval to Somondo. The approval or disapproval of organizations from being listed shall be in the sole discretion of Somondo. Once Somondo has approved the organization and its profile, it will be visible to the public on our website. The listing of the organization does not constitute an endorsement by Somondo of the respective organization and its work. Somondo reserves the right to remove any organizations that we no longer find suitable for our platform.
Removing an Organization Profile
In order to remove an organization profile, an organization manager sends an email to our service team, asking for the removal of the organization profile. In order to enable Somondo to identify which organization profile to remove, organization managers are asked to include the organization’s name, their full name as well as the email address associated with their Somondo account. Somondo reserves the right to alter this process or replace it through a similar feature at any time.
7. Visiting Opportunities and Events
Approved organizations can list their visiting opportunities on Somondo. We hope that these events will increase the visibility of the non-profit sector, raise awareness, and contribute to mutual exchange, learning and appreciation.
On top of the general content criteria outlined in Section 4 ("Spirit and Code of Conduct"), these visits and events must:
- Have a connection to the social or environmental work the organization is doing;
- Be organized in a way that ensures the physical and psychological well-being of the participants, including visitors and the organization’s beneficiaries (if applicable), at all times;
- Not violate the laws of the country/countries where the event is being implemented.
Somondo reserves the right to alter or specify these criteria at any time.
Adding a Visiting Opportunity
Organization managers whose organizations’ profiles have been approved can add their organizations’ visiting opportunities through the organization dashboard. Somondo reserves the right to reject or remove any visit and event that we find unsuitable for our platform.
8. Messaging Feature
Registered users can send messages via the Somondo website. These messages must not violate the provisions outlined in Section 4 ("Spirit and Code of Conduct"). Furthermore, they must not contain any material that could be considered "spam". Somondo reserves the right to ban registered users from sending such messages and where applicable, take legal action against them.
Somondo reserves the right to monitor and analyze messages sent through its system, notably in order to ensure that the messaging feature is not abused and for fraud detection. Somondo will never publish or pass on the content of these messages, unless the specific consent of the respective registered users has been given or law enforcement requires the information, e.g. for criminal investigations.
9. Duties, Responsibilities and Liability
On top of the already mentioned duties:
- Organization managers are responsible for keeping their organization’s profile as well as the listed visiting opportunities up to date, accurate, truthful, and conforming to our listing criteria;
- Organizations and organization managers are responsible and liable for the visits and events they offer via Somondo;
- Website users are responsible and liable for all the content they post on Somondo;
- Website users are responsible and liable for the content of the messages they send via Somondo.
Accordingly and especially, Somondo shall not be liable in any way regarding:
- The accuracy and reliability of the information listed on the Somondo website;
- The listed visits and events and any other services offered by a third party via our website. This includes, but is not limited to, the organization, coordination, implementation, safety, legality and quality of the listed visits and events;
- The messages sent by website users via Somondo;
- All other content posted by website users on Somondo.
Somondo only assumes liability for claims for damages from our services due to fraudulent or willful intent or gross negligence, injury to life, body or health and those according to the German Product Liability Act (Produkthaftungsgesetz).
Furthermore, we do not guarantee a 100% uptime of our website and the future availability of our services.
10. Use of Information and Content Provided by Website Users
Somondo is entitled to use information and content, including names, pictures, logos and text, provided by website users, including organization managers, for our own promotional and informational material as well as for research and analysis.
Somondo reserves the right to modify posted content for quality control reasons. This can include the correction of typographical and grammatical errors. Somondo will never alter the factual information provided by website users.
Somondo reserves the right to remove user-provided content that violates our Terms of Service and criteria. This can include URLs, email addresses and content violating the provisions outlined in Section 4 ("Spirit and Code of Conduct").
11. Notifications and Updates Sent by Somondo
Somondo has the right to inform all registered users about events and changes of fundamental nature, such as changes to the Terms of Service. Furthermore, registered users may automatically be subscribed to our mailing list upon registration. They can unsubscribe from this list at any time. Certain features of Somondo may include automatic notifications via email. Where feasible, Somondo will enable registered users to activate or deactivate these notifications.
We may, in our sole discretion, terminate or suspend a website user’s access to Somondo and its features for any reason, including the breach of our Terms of Service.
13. Changes to Terms of Service
These Terms of Services have been valid since December 12th, 2014. Somondo reserves the right to change these Terms of Service at any time, especially to adapt them to changes of legal, product related or technical nature.
Registered users will be notified about such changes via email. The adapted Terms of Service will automatically come into effect for a registered user if the registered user does not explicitly object to the modifications via email within 30 days upon notification. In case of objection, registered users may have to delete their Somondo account. In the notification message, Somondo will inform registered users about this time limit, its implications as well as the nature of the changes.
Unregistered website users are responsible for reviewing our Terms of Service regularly. The unregistered website users’ continued use of Somondo will constitute agreement to abide and be bound by the latest Terms of Service.
14. Final Clauses
Applicable Law and Place of Jurisdiction
These Terms of Service and any use of the Somondo website shall be governed exclusively by German law.
Should individual provisions of these Terms of Service be invalid or become void and/or contradict legal provisions, the validity of the remaining clauses of these terms remains intact. The invalid provision shall be replaced unanimously by such a clause that in a legally valid way comes closest to the purpose of the invalid one.